Retail group against revised card settlement

Topics in Legal News 2012/10/26 16:58   Bookmark and Share
A proposed settlement in a class-action lawsuit brought by retailers and trade groups against Visa Inc. and MasterCard Inc. fails to protect merchants from abuse by credit card companies, a national retail group says.

The lawsuit, which dates to 2005, centers on the subject of swipe fees — charges banks collect every time a Visa or MasterCard is used to pay for a purchase.

The proposed settlement terms, initially disclosed in July, were revised and filed Friday with U.S. District Court in Brooklyn.

But changes to the deal failed to win over many of the retailers represented by the National Retail Federation.

In a statement Mallory Duncan, the trade group's general counsel, said that the proposed deal does virtually nothing to protect retailers or their customers, and it attempts to silence any objections for years to come.

"Retailers would rather take their chances in court than accept this one-sided swindle written by the card industry for the card industry," he added.

The National Retail Federation, the nation's largest retail trade group, is not a party to the lawsuit.

In a statement Friday, Visa called the settlement a fair and reasonable compromise.

Under the proposed settlement, stores will be allowed to charge customers more if they pay with a credit card. The pact covers only U.S. transactions.

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NY court: Lap dances are not art and are taxable

Legal Insight 2012/10/24 16:56   Bookmark and Share
Lap dances are taxable because they don't promote culture in a community the way ballet or other artistic endeavors do, New York's highest court concluded Tuesday in a sharply divided ruling.

The court split 4-3, with the dissenting judges saying there's no distinction in state law between "highbrow dance and lowbrow dance," so the case raises "significant constitutional problems."

The lawsuit was filed by Nite Moves in suburban Albany, which was arguing fees for admission to the strip club and for private dances are exempt from sales taxes.

The court majority said taxes apply to many entertainment venues, such as amusement parks and sporting events. It ruled the club has failed to prove it qualifies for the exemption for "dramatic or musical arts performances" that was adopted by the Legislature "with the evident purpose of promoting cultural and artistic performances in local communities."

The majority reached similar conclusions about admission fees to watch dances done onstage around a pole, as well as for lap dances or private dances.

W. Anderson McCullough, attorney for the club, said he and his client were bitterly disappointed by the judges' ruling.

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High court won't block early voting in Ohio

Legal Insight 2012/10/22 13:52   Bookmark and Share
The Supreme Court on Tuesday cleared the way for voters in the
battleground state of Ohio to cast ballots on the three days before
Election Day, giving Democrats and President Barack Obama's campaign a
victory three weeks before the election.

The court refused a request by the state's Republican elections chief
and attorney general to get involved in a battle over early voting.

Ohio is among 34 states, plus the District of Columbia, where people
can vote early without giving any reason. About 30 percent of the
swing state's total vote — or roughly 1.7 million ballots — came in
before Election Day in 2008. Crucial to Obama's win that year was
early voting in Ohio, North Carolina and Florida.

Obama won Ohio four years ago, but Republican rival Mitt Romney is
making a strong play for it this year. No GOP candidate has won the
White House without Ohio in his column.

Obama's campaign and Ohio Democrats had sued state officials over
changes in state law that took away the three days of voting for most
people but made exceptions for military personnel and Ohioans living
overseas.

Their lawsuit cited a recent study saying nearly 105,000 people voted
in the three days before the election in 2008, and they argued
everyone should have the chance to vote on those days. They also said
eliminating the opportunity for most Ohio residents to vote in person
on those days, while giving military or overseas voters the chance to
do so, leads to unequal treatment.
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Lawyer: Bahrain court postpones activist's appeal

Politics 2012/10/19 13:51   Bookmark and Share
A defense lawyer in Bahrain says a court has prolonged the appeal of
an imprisoned human rights activist by ordering another hearing next
month.

Nabeel Rajab is challenging his three-year prison sentence for
allegedly encouraging illegal protests and violence in the
strife-wracked Gulf nation, which is home to the U.S. Navy 5th Fleet.

He is among the most high-profile prisoners in Bahrain's crackdowns.
The country has been hit by near-daily unrest since February 2011,
when its Shiite majority began an uprising demanding a greater
political voice in the Sunni-ruled nation.

Attorney Mohammed al-Jishi says the court on Tuesday set Rajab's next
hearing for Nov. 8.

Also Tuesday, authorities detained another rights campaigner, Mohammed
al-Maskati, the president of the Bahrain Youth Society for Human
Rights.
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Court lets stand telecom immunity in wiretap case

Legal Insight 2012/10/12 10:43   Bookmark and Share
The Supreme Court is leaving in place a federal law that gives telecommunications companies legal immunity for helping the government with its email and telephone eavesdropping program.

The justices said Tuesday they will not review a court ruling that upheld the 2008 law against challenges brought by privacy and civil liberties advocates on behalf of the companies' customers. The companies include AT&T, Inc., Sprint Nextel Corp. and Verizon Communications Inc.

Lawsuits filed by the American Civil Liberties Union and Electronic Frontier Foundation accused the companies of violating the law and customers' privacy through collaboration with the National Security Agency on intelligence gathering.

The case stemmed from surveillance rules passed by Congress that included protection from legal liability for telecommunications companies that allegedly helped the U.S. spy on Americans without warrants.

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2 King Co. candidates vying for Attorney General

Topics in Legal News 2012/10/10 10:42   Bookmark and Share
The two men competing to be Washington's next attorney general are co-workers, but that's about as much similarity King County Councilmen Reagan Dunn and Bob Ferguson will admit to.

Dunn, a Republican, and the Democrat Ferguson have been trying to draw differences for months in their quest to succeed incumbent Rob McKenna, the GOP's candidate for governor.

With about month left until the general election, Ferguson appears to have an advantage. He garnered more votes than Dunn in the August primary, and recent polls show him ahead. But Dunn expects leads to flip flop until Election Day. He put $100,000 of his own money into his campaign in September, according to campaign filings.

Ferguson has offered himself as an independent-minded lawyer who is not afraid to leave party politics behind, while Dunn has touted his experience as a U.S. prosecutor.

A fourth-generation Washingtonian first elected in 2003 to the County Council, Ferguson was an attorney at a prominent Seattle law firm before entering politics.

If elected, Ferguson said he'd create a task force to look into an environmental crimes unit, seek remedies for gangs and continue the practice of consumer protection.

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