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California high court: Yelp can't be ordered to remove posts
Legal World News |
2018/07/02 13:43
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Online review site Yelp.com cannot be ordered to remove posts against a San Francisco law firm that a judge determined were defamatory, a divided California Supreme Court ruled Monday in a closely watched case that internet companies warned could be used to silence online speech.
In a 4-3 opinion, justices agreed, saying removal orders such as the one attorney Dawn Hassell obtained against Yelp "could interfere with and undermine the viability of an online platform."
The decision overturned a lower court ruling that Yelp had said could lead to the removal of negative reviews from the popular website.
Hassell said Yelp was exaggerating the stakes of her legal effort. Her attorney, Monique Olivier, said in a statement that the ruling "stands as an invitation to spread falsehoods on the internet without consequence."
She said her client was considering an appeal to the U.S. Supreme Court.
Hassell's 2013 lawsuit accused a client she briefly represented in a personal injury case of defaming her on Yelp by falsely claiming that her firm failed to communicate with the client, among other things.
San Francisco Superior Court Judge Donald Sullivan found the online statements defamatory and ordered the client and Yelp to remove them. Hassell said the client failed to answer her lawsuit or remove the posts, so she had to seek a court order demanding that Yelp do it.
A second judge and a state appeals court upheld Sullivan's order.
"Ms. Hassell did exactly what she should have done," Olivier said Monday. "After both the defamer and Yelp refused to remove untrue and damaging statements, she obtained a judgment against the defamer, and sought to enforce that judgment by requiring Yelp to remove the defamation."
Yelp said the lower court ruling would give businesses unhappy about negative reviews a new legal pathway for getting them removed.
Yelp said the removal order violated a 1996 federal law that courts have widely interpreted as protecting internet companies from liability for posts by third-party users and prohibiting the companies from being treated as the speaker or publisher of users' posts. |
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McConnell touts Thapar for Supreme Court seat
Legal World News |
2018/06/29 13:44
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Senate Majority Leader Mitch McConnell said Saturday he has touted fellow Kentuckian Amul Thapar to fill a looming vacancy on the Supreme Court, but acknowledged he has "no idea" who President Donald Trump will choose.
McConnell told reporters he has encouraged Trump to consider Thapar, and said he hopes the federal appeals court judge is "in the final group" as the president looks for a successor to retiring Justice Anthony Kennedy.
Thapar is a former U.S. District Court judge in Kentucky. He has already been nominated once by Trump, for his current seat on the 6th U.S. Circuit Court of Appeals. McConnell has been a longtime supporter of Thapar, stretching back to the judge's tenure as a federal prosecutor.
"I think he's absolutely brilliant, with the right temperament," McConnell said of Thapar. "But others have their favorites. And I have no idea who the president may choose."
Trump has said he will announce his choice on July 9. The president has promised to draw the next justice from a list of 25 prospective candidates that was first established during the 2016 presidential campaign and updated last fall, with advice from conservatives. Thapar's name has come up among possible nominees being eyed.
In a speech Saturday to a GOP gathering in Louisville, McConnell said the goal is to have a new justice in place in time for the start of the Supreme Court's next term in October. As majority leader, McConnell sets the schedule in the narrowly divided Senate.
"There's not any doubt in my mind that we'll be able to get this new nominee confirmed, and I'm confident the president is going to send up an all-star, somebody of very high quality," McConnell told reporters later.
McConnell predicted the nominee will be similar to Trump's first Supreme Court selection, Neil Gorsuch, in terms of background and philosophy on the judiciary's role.
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Judge allows Palin's son therapeutic court for proceedings
Legal World News |
2018/06/08 00:26
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The eldest son of former Republican vice presidential candidate Sarah Palin will go through Alaska's therapeutic court system in a criminal case accusing him of assaulting his father last year at the family home.
State District Judge David Wallace on Tuesday approved Track Palin's request to formally transfer his case to Veterans Court, which gives eligible veterans the option of enrolling in mental health treatment programs instead of a traditional sentence.
The judge also barred the media from using cameras or other recording devices during that proceeding after Track Palin's attorney filed a motion seeking to prohibit or limit media access. Wallace said he will formally rule on the matter later.
The motion to limit media access was filed Friday by Track Palin's attorney, Patrick Bergt, in an effort to ensure the case does not become a distraction to other veterans in the system.
Veterans Court program rules say veterans opt in by agreeing to plead guilty or not guilty to at least one charge.
Bergt declined to say if his client is making such a plea to get into the program, adding he can't comment on specifics of the case.
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Bangladesh Supreme Court upholds bail for opposition leader
Legal World News |
2018/04/28 00:21
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Bangladesh’s Supreme Court on Wednesday upheld a High Court’s decision to grant bail to opposition leader and former Prime Minister Khaleda Zia, who was jailed for five years on a corruption conviction.
Lawyers from both sides said the ruling does not necessarily mean Zia will be released from jail because she’s been arrested in connection with three other cases.
The government had appealed a March verdict by the High Court granting her bail for four months.
On Wednesday, the Supreme Court also ordered authorities to make a final decision by July 31 involving a separate appeal by Zia seeking her release from jail.
Zia has been in jail for more than three months in the graft case for misusing power and embezzling about $250,000 involving a trust fund named after her late husband, former President Ziaur Rahman. The conviction means that Zia, the archrival of Prime Minister Sheikh Hasina, can be barred from running in December elections.
Zia’s party says the February verdict was politically motivated, a charge the government has denied. Zia’s Bangladesh Nationalist Party has threatened to boycott the next elections, saying they will not join the polls without Zia.
In February, a trial court convicted Zia and also sentenced her son, Tarique Rahman, and four others to 10 years in prison for involvement in the case. Rahman lives in London and was tried in absentia.
Bangladesh law says anyone imprisoned for more than two years cannot run for office for the next five years, but Law Minister Anisul Huq had said the final decision rests with the higher courts.
Bangladesh politics are deeply fractious, with rivals Hasina and Zia ruling the country alternately since 1991, when democracy was restored.
Both women came from political dynasties. Zia is the widow of Ziaur Rahman, a general-turned-president who was assassinated in 1981. Hasina is the daughter of Sheikh Mujibur Rahman, the country’s independence leader and first president, who was assassinated in 1975 along with most of his family members.
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