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EU court dismisses Barcelona football trademark case
Legal Business |
2015/12/09 08:17
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A European Union court has rejected an attempt by Spanish soccer giant Barcelona to have part of its club crest registered as a European trademark.
Known best for its passing game, Barcelona tried last year to have the outline of its badge registered for use on things like stationery, clothing and sports activities.
The attempt failed so the club went to court.
But the Luxembourg-based EU court dismissed the case on Thursday, saying that "none of the characteristics of the sign at issue contains any striking feature which is liable to attract the attention of consumers."
The court added: "In fact, the mark sought will rather tend to be perceived by consumers merely as a shape and will not enable them to distinguish the proprietor's goods or services."
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Kansas Court of Appeals mulls state protections for abortion
Labor & Employment |
2015/12/07 08:18
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A lawsuit blocking Kansas’ first-in-the-nation ban on a common second-trimester method for terminating pregnancies forced an appeals court Wednesday to wrestle with whether the state constitution independently protects abortion rights.
Abortion opponents are watching the case before the full Kansas Court of Appeals closely. If the two doctors who’ve challenged the ban prevail, the state courts could find grounds to invalidate other state abortion laws — even if federal courts declare that the U.S. Constitution permits the restrictions.
During arguments from attorneys Wednesday, several judges expressed skepticism that broad language in the state constitution’s Bill of Rights about individual liberty can be interpreted as specifically protecting abortion rights. But several also questioned the state’s position that the language is only a statement of principles.
The state is appealing a Shawnee County judge’s ruling in July that blocked the law from being enforced while the doctors’ lawsuit is heard. The judge said the ban imposes an unconstitutional burden on women seeking abortions. He also said the state constitution protects abortion rights at least as much as the federal constitution — something higher courts haven’t previously declared.
“It’s important to have the Kansas courts recognize these rights under the Kansas Constitution,” said Janet Crepps, a senior attorney for the New York-based Center for Reproductive Rights, which is representing the doctors. |
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High Court rules against Northern Ireland's abortion law
Criminal Law |
2015/12/02 22:19
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A Belfast High Court ruling is expected to ease Northern Ireland's strict anti-abortion laws to make it easier for women to terminate pregnancies in some cases.
Abortions are illegal in Northern Ireland except in extreme cases when a woman's life is deemed at risk from her pregnancy. Judge Mark Horner said Monday that certain prohibitions violate the provisions of the European Convention on Human Rights — cases where a fetus has fatal abnormalities or when a woman became pregnant as a result of sexual crimes like rape or incest.
John Larkin, attorney general for Northern Ireland, said he was "profoundly disappointed" by the court's ruling and said he is studying grounds for a possible appeal.
Northern Ireland is part of the United Kingdom, but it has much more restrictive abortion laws than the other regions.
Judge Horner said the present law making it illegal for a mother to terminate her pregnancy where her fetus cannot survive independently once it leaves the womb constitutes a "gross interference with her personal autonomy." He said in such cases "there is no life to protect."
Horner also said the existing law is unfair to victims of sexual crimes who become pregnant.
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Court papers: Witness ID'd man in playground shooting
Law Center |
2015/12/01 22:19
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A witness's statement and photo identification led to the arrest of a man accused in a playground shootout that wounded 17 people, court papers show.
Joseph "Moe" Allen, 32, faces 17 counts of attempted murder in the Nov. 22 gunfight at Bunny Friend Playground after a neighborhood parade. He's being held in lieu of $1.7 million bond on those charges, and without bond on a Texas warrant accusing him of violating probation.
Defense attorney Kevin Boshea did not immediately return a call and email Monday. Allen's mother, Deborah Allen, told NOLA.com ' The Times-Picayune Sunday night that her son was in Texas the night of the gunfight. Calls to her home on Monday got repeated busy signals.
Police are still trying to identify other people involved in the shooting. Allen's arrest was based on a witness who gave the "name and nickname of one of the many shooters ... in this mass shooting," and then identified Allen in a "six-pack photographic lineup" at the local police station, New Orleans police Detective Chad Cockerham said in a sworn statement.
Allen "was observed walking into Bunny Friend Playground and firing a semi-automatic handgun into the crowd," Cockerham said.
Cockerham described hearing a "barrage of gunfire erupt" at Bunny Friend Playground as police headed there to break up an "unauthorized party."
"They were met with chaos and panic of citizens running in numerous directions across the park as well as throughout the surrounding streets," he wrote, adding that "tires ... were spinning and screeching."
For Allen, the Texas warrant was issued Nov. 25, based on the New Orleans allegations, since travel outside of Texas would violate Allen's parole, said Jason Clark, a spokesman for the Texas Department of Criminal Justice.
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South African appeals court nears Pistorius ruling
Human Rights |
2015/12/01 22:19
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An official says a top South African appeals court is finalizing a decision on whether to send Oscar Pistorius back to prison by overturning a lower court's manslaughter conviction and finding the double-amputee Olympian guilty of murdering girlfriend Reeva Steenkamp.
Paul Myburgh, registrar of the Supreme Court of Appeal, told The Associated Press on Monday that no date for the ruling has been announced.
Eyewitness News, a South African media outlet, says a ruling is expected this week. It cites unnamed court officials.
Pistorius, 29, was released from jail on Oct. 19 after serving a year in prison and is under house arrest.
Prosecutors say Pistorius shot Steenkamp during an argument on Valentine's Day 2013. The defense says Pistorius killed Steenkamp by mistake, thinking an intruder was in his house. |
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US court rejects Virginia death row inmate's appeal
Legal Business |
2015/11/28 22:19
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A federal appeals court has rejected a Virginia death row inmate's appeal of his murder-for-hire conviction.
Ivan Teleguz was sentenced to death in 2006 for hiring a man to kill his former girlfriend, Stephanie Sipe, in Harrisonburg. After two key prosecution witnesses recanted, the 4th U.S. Circuit Court of Appeals in 2012 ordered a judge to conduct a hearing on Teleguz's innocence claim.
After one of those witnesses refused to testify and the other did not attend the hearing, U.S. District Judge James P. Jones determined that affidavits recanting their previous testimony were unreliable. A three-judge panel of the 4th U.S. Circuit Court of Appeals said Monday that it found no reason to overrule Jones on that issue.
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2 charged in pastor's wife killing say little in court
Court Watch |
2015/11/28 22:18
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Two young men charged in the shooting death of an Indianapolis pastor's pregnant wife gave brief answers to a judge's questions Tuesday during their first court appearance since their arrest.
Marion County Superior Court Judge Grant Hawkins entered not guilty pleas for 18-year-old Larry Taylor Jr. and 21-year-old Jalen Watson and appointed attorneys for the Indianapolis men during their initial hearing on murder, burglary, theft and several other charges. The judge also set a Jan. 8 pretrial conference for both men.
Taylor, who authorities allege fatally shot 28-year-old Amanda Blackburn earlier this month, appeared distracted, swiveling back and forth in his chair. Hawkins told Taylor more than once that he needed to respond clearly and audibly to each of his questions about whether he understood the charges, rather than only "yeah." Watson, however, said "yes" and "yes sir," throughout.
Prosecutors said Taylor and Watson entered through the unlocked front door of Blackburn's home shortly after her husband, Pastor Davey Blackburn, left for the gym about 6 a.m. Nov. 10. A probable cause affidavit says Taylor shot Amanda Blackburn three times, including once in the back of the head.
Watson faces a murder charge because Blackburn was killed during a home burglary and prosecutors allege that he was involved in it.
Marion County Prosecutor Terry Curry said Monday it was not clear whether Blackburn, who was 13 weeks pregnant, had been sexually assaulted; she was found partially nude. Prosecutors have filed a request with the court that seeks to enhance the murder charge Taylor faces, citing that she was pregnant at the time of her killing.
Under the state's request, an additional six to 20 years could be added to Taylor's sentence if he is convicted or pleads guilty to the murder charge, and the jury or judge finds that prosecutors have proven that Taylor caused the termination of her pregnancy.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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