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Rolling Stone defamation case over rape story back in court
Court Watch |
2017/02/11 00:15
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Attorneys for Rolling Stone magazine are heading back to federal court to try to overturn a jury's defamation verdict over its botched story "A Rape on Campus."
A judge is holding a hearing in Charlottesville, Virginia, on Thursday to consider Rolling Stone's request to throw out the jury's November verdict. The jury awarded University of Virginia administrator Nicole Eramo $3 million after finding Rolling Stone and a reporter defamed her.
The 2014 story told the account of a woman identified only as "Jackie," who said she was gang raped at the school. A police investigation found no evidence to back up Jackie's claims.
The magazine argues, among other things, there's no evidence reporter Sabrina Rubin Erdely acted with actual malice. Eramo's attorneys are urging the judge to keep the verdict. |
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Court upholds guilty verdict for Russian opposition leader
Court Watch |
2017/02/10 00:16
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A Russian court on Wednesday found opposition leader Alexei Navalny guilty in the retrial of a 2013 fraud case, which formally disqualifies him as a candidate for president next year.
However, the first time Navalny was convicted, his sentence was suspended and he was allowed to be a candidate for mayor of Moscow. An associate said Navalny will carry on with the presidential campaign he announced in December.
In a webcast hearing in Kirov, a city nearly 800 kilometers (500 miles) east of Moscow, Judge Alexei Vtyurin found Navalny guilty of embezzling timber worth 16 million rubles ($270,000) and gave him a five-year suspended sentence. The previous guilty verdict was overturned by the European Court of Human Rights which ruled that Russia violated Navalny's right to a fair trial.
During a break in the proceedings, Navalny told reporters that he and his lawyers were comparing this verdict with the text of the 2013 verdict and found them to be identical.
"You can come over and see that the judge is reading exactly the same text, which says a lot about the whole trial," Navalny told reporters, adding that even the typos in the names of companies were identical in both rulings.
Navalny, the driving force behind massive anti-government protests in Moscow 2011 and 2012, had announced plans to run for office in December and had begun to raise funds.
Navalny's campaign manager, Leonid Volkov, insisted that the campaign goes on even though the guilty verdict formally bars Navalny from running.
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Dylann Roof's mental state revealed in court records
Court Watch |
2017/02/09 00:16
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Documents unsealed in federal court reveal new details about the mental health of convicted Charleston church shooter Dylann Roof, including a psychiatrist's finding that his disorders make it hard for him to focus, interact with others or express emotion.
Quoting from a psychiatrist's testimony during one of those hearings, his lawyers wrote "the defendant suffers from 'Social Anxiety Disorder, a Mixed Substance Abuse Disorder, a Schizoid Personality Disorder, depression by history, and a possible Autistic Spectrum Disorder.'"
Some of the other trademarks of those disorders, according to the filings, are anxiety about unknown outcomes, a tendency to become overwhelmed and trouble retaining information. Roof's "high IQ," his attorneys wrote, is "compromised by a significant discrepancy between his ability to comprehend and to process information and a poor working memory."
Because of this, his attorneys asked that the judge allow for frequent courtroom breaks, longer times for lunch recess and perhaps even a day or two off from court per week. The motion also noted that U.S. District Judge Richard Gergel had "denied a defense request for an independent competency evaluation focused on autism."
The judge ultimately denied the motion, taking breaks at regular intervals and holding court for about eight hours a day. The information on Roof's diagnoses emerges from the hundreds of pages of court documents originally filed under seal and opened this week by Gergel.
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Missouri death row inmate appeals to US Supreme Court
Court Watch |
2017/02/04 00:17
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A Missouri man convicted of killing a woman and her two children almost 20 years ago asked the U.S. Supreme Court to spare his life on Monday, a day before his scheduled execution.
Mark Christeson, 37, is set for lethal injection Tuesday evening at the state prison in Bonne Terre. Investigators said he raped and killed Susan Brouk, and killed her 12-year-old daughter and her 9-year-old son near their rural south-central Missouri home in 1998.
The nation's highest court halted Christeson's execution in 2014, just hours before it was scheduled. Monday's appeal focuses on the same main issue that Christeson's attorneys cited then: His trial lawyers were so inept that they missed a 2005 deadline to file a federal court appeal, which is standard practice in death penalty cases.
His lawyers have also argued that Christeson has an IQ of 74 and was therefore mentally incapable of understanding his legal rights during his original trial.
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Greek court rejects extradition for Turkish servicemen
Court Watch |
2017/01/25 16:26
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Greece's Supreme Court on Thursday rejected an extradition request for eight Turkish servicemen who fled their country by helicopter after a coup attempt.
Presiding judge Giorgos Sakkas, reading out the decision, said the servicemen were unlikely to face a fair trial if returned to Turkey.
The eight officers fought extradition in a six-month legal battle, arguing that they face mistreatment in prison if returned.
Justice Minister Stavros Kontonis earlier this week had said he would respect the court decision and not make use of executive powers in the extradition case.
Lower courts issued mixed decisions on the return of the officers in a series of separate hearings.
The extradition case has further complicated ties between neighbors and NATO allies Greece and Turkey, which remain at odds over war-divided Cyprus and boundaries in the Aegean Sea.
Hours ahead of Thursday's decision, Turkish Foreign Ministry spokesman Huseyin Muftuoglu said he expected the servicemen to be returned.
"Our greatest expectation is for the coup plotters to be delivered to the Turkish judicial (authorities). We shall be following the results of this case," he said. "These coup plotters should not go unpunished."
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Supreme Court rejects appeal from flight-sharing company
Court Watch |
2017/01/07 13:40
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The Supreme Court won't hear an appeal from a company that wants to offer flight-sharing services using a model similar to Uber.
The justices on Monday left in place a lower court ruling that said Boston-based Flytenow could not operate a website that connected private pilots with passengers willing to share fuel costs and other flight expenses.
The Federal Aviation Administration shut down the website in 2015 after finding that the service violated flight regulations.
Cost-sharing arrangements have long been allowed through word of mouth, bulletin boards and email. But the FAA said using a website was like advertising and subjected those pilots to the same elaborate safety regulations as commercial airlines.
Flytenow argued that it was applying modern technology to a practice that has been around for decades.
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Circus operator agrees to plea deal in tent collapse
Court Watch |
2017/01/06 13:41
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Court records show a Florida-based circus operator has agreed to a plea deal following a tent collapse in New Hampshire in 2015 that killed two people and injured dozens.
The Caledonian-Record in Vermont reports details of the plea deal involving Sarasota-based Walker International Events weren't made available.
The company had previously pleaded not guilty to a felony charge of operating without a license and to misdemeanor counts alleging it hadn't complied with state standards. Corporations can face fines and sanctions on criminal convictions.
The company, now out of business, agreed to pay federal safety fines and settled some lawsuits.
Forty-one-year-old Robert Young and his 6-year-old daughter, Annabelle, of Concord, Vermont, died when a storm with 75 mph winds blew through the Lancaster Fairgrounds, toppling the tent.
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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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