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Wisconsin court to rule on conservative professor's firing
Legal Business |
2018/07/06 16:39
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The Wisconsin Supreme Court is set to rule on whether Marquette University was correct to fire a conservative professor who wrote a blog post criticizing a student instructor he believed shut down discussion against gay marriage.
John McAdams sued the private Catholic school in 2016, arguing that he lost his job for exercising freedom of speech.
Marquette says McAdams wasn't fired for the content of his 2014 post, but because he named the instructor and linked to her personal website that had personal identifying information. The instructor later received a flood of hateful messages and threats.
The court heard arguments in April. The ruling expected Friday has been eagerly awaited by conservatives who see universities as liberal havens and by private businesses that want control over employee discipline.
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California high court: Yelp can't be ordered to remove posts
Legal Business |
2018/07/02 10:41
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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.
Three of the California Supreme Court justices agreed.
"In substance, Yelp is being held to account for nothing more than its ongoing decision to publish the challenged reviews," Chief Justice Tani Cantil-Sakauye said in an opinion joined by associate justices Ming Chin and Carol Corrigan.
Associate Justice Leondra Kruger said in a separate opinion that she agreed that the removal order against Yelp was invalid, but for a different reason. Hassell did not name Yelp as a defendant, so the company did not get its "own day in court," Kruger said. |
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Court deals major financial blow to nation's public employee unions
Legal Business |
2018/06/28 17:40
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A deeply divided Supreme Court dealt a major blow to the nation's public employee unions Wednesday that likely will result in a loss of money, members and political muscle.
After three efforts in 2012, 2014 and 2016 fell short, the court's conservative majority ruled 5-4 that unions cannot collect fees from non-members to help defray the costs of collective bargaining. Justice Samuel Alito wrote the decision, announced on the final day of the court's term, with dissents from Justices Elena Kagan and Sonia Sotomayor.
About 5 million workers could be affected by the decision overruling the court's 1977 decision in Abood v. Detroit Board of Education — those who pay dues or "fair-share" fees to unions in 22 states where public employees can be forced to contribute. Workers in 28 states already cannot be forced to join or pay unions.
"We recognize that the loss of payments from nonmembers may cause unions to experience unpleasant transition costs in the short term and may require unions to make adjustments in order to attract and retain members," Alito wrote. "But we must weigh these disadvantages against the considerable windfall that unions have received under Abood for the past 41 years."
From the bench, he noted that Illinois, whose Republican governor initiated the challenge, "has serious financial problems" that are exacerbated by costly union contracts. Gov. Bruce Rauner has sought to renegotiate public employee contracts.
Kagan's main dissent for the four liberal justices accused the court of "weaponizing the First Amendment in a way that unleashes judges, now and in the future, to intervene in economic and regulatory policy."
"It wanted to pick the winning side in what should be -- and until now has been -- an energetic policy debate," she wrote. "Today, that healthy -- that democratic -- debate ends. The majority has adjudged who should prevail."
Justice Neil Gorsuch cast the deciding vote against what conservative opponents have labeled a form of compelled speech. The money helps labor unions maintain political power in some of the nation's most populous states, including California, New York, Illinois, Pennsylvania and New Jersey.
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Constitutionality of murder conviction upheld by high court
Legal Business |
2018/04/20 12:53
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The South Dakota Supreme Court has upheld the constitutionality of a man's conviction for killing his 4-year-old son.
Forty-four-year-old Chris Miller was sentenced to life in prison for the death of his son, Jacob Miller, and an additional 50 years for aggravated assault in January 2013.
Attorney General Marty Jackley says the Supreme Court found Miller failed to show his attorney was ineffective and that the jury selection process was flawed.
Court sides with sanctuary cities in fight over grants
A federal appeals court in Chicago has ruled that President Donald Trump's administration cannot withhold public safety grants from cities that don't cooperate with its immigration enforcement policies, agreeing with a temporary injunction imposed earlier this year by a lower court judge.
The decision by a three-judge panel of the 7th U.S. Circuit Court of Appeals Thursday says the administration exceeded its authority in establishing new conditions for cities to qualify for the grants.
The administration in July imposed a condition that cities receiving public safety grants must agree to inform federal agents when immigrants in the country illegally are about to be released from police detention.
All three judges agreed to the injunction Thursday, but one judge said it should be for Chicago only and not nationwide. |
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Supreme Court upholds audit law, ending Otto's lawsuit
Legal Business |
2018/04/15 12:58
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The Minnesota Supreme Court has upheld a 2015 law limiting State Auditor Rebecca Otto's duties.
Wednesday's unanimous decision ends Otto's years of challenges and mounting legal fees. A district court and the Minnesota Court of Appeals had previously ruled against Otto, triggering her appeal to the Supreme Court.
The legal saga began after the Legislature passed a law allowing more counties to hire private firms for annual financial audits. Otto has argued that law was a constitutional breach of her duties that significantly downgraded the state's oversight of county finances.
But the state's high court disagreed. Wednesday's ruling maintained that the law left the auditor's oversight of those private audits intact. A spokesman for Otto did not immediately return a request for comment.
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