Lawyer Blog Post 2019/05/07 00:49
Court records show that video police recovered from an Illinois woman's cellphone showing her bruised 5-year-old son prompted the boy's father to lead investigators to the child's body.
JoAnn Cunningham and Andrew Freund Sr. of Crystal Lake are charged with murder in Andrew "AJ" Freund's death. Investigators found his body April 24 in a shallow grave.
An affidavit from a McHenry County Sheriff's detective says the video from March shows AJ lying naked on a mattress, covered in bruises and bandages.
The affidavit says the couple forced AJ to take a cold shower April 14 as punishment for lying about soiling his underwear. Freund told investigators they put the boy to bed and Cunningham later found him unresponsive. Freund says he put AJ's body in a plastic container and later buried him.
Lawyer Blog Post 2019/05/02 10:17
The Arizona Court of Appeals has ruled that the Costco warehouse store chain can be sued for privacy violations by a Phoenix-area man because a pharmacist joked with his ex-wife about an erectile dysfunction prescription he had never picked up.
The ruling issued Tuesday revived the lawsuit the man filed after the pharmacist told his ex-wife about the prescription when she went to pick up another prescription with his approval. The man had called Costco twice to cancel the prescription before his ex-wife went to the north Phoenix store in early 2016, but the pharmacist did not do so, according to the ruling.
Attorney Joshua Carden filed the lawsuit for the man alleging a variety of violations, but it was dismissed by a trial-court judge. The Court of Appeals revived sections alleging negligence under federal health care privacy law commonly called HIPAA. The ruling potentially allows him to seek punitive damages.
The ruling is the first to say that negligence claims under HIPAA can be brought in Arizona courts, Carden said.
“If there is a big deal in the case it’s that the court went ahead and said yes to negligence claims based on HIPAA violations,” Carden said. “That’s not ever been announced in Arizona before.”
The federal health privacy law doesn’t allow individuals to sue for violations in federal court, he said, and state courts haven’t always been clear about that right.
Lawyer Blog Post 2019/04/15 10:21
Six people appeared in a New Zealand court Monday on charges they illegally redistributed the video a gunman livestreamed as he shot worshippers at two mosques last month.
Christchurch District Court Judge Stephen O’Driscoll denied bail to businessman Philip Arps and an 18-year-old suspect who both were taken into custody in March. The four others are not in custody.
The charge of supplying or distributing objectionable material carries a penalty of up to 14 years imprisonment. Arps, 44, is scheduled to next appear in court via video link on April 26.
The 18-year-old suspect is charged with sharing the livestream video and a still image of the Al Noor mosque with the words “target acquired.” He will reappear in court on July 31 when electronically monitored bail will be considered.
Police prosecutor Pip Currie opposed bail for the 18-year-old suspect and said the second charge, involving the words added to the still image, was of significant concern.
New Zealand’s chief censor has banned both the livestreamed footage of the attack and the manifesto written and released by Brenton Harrison Tarrant, who faces 50 murder charges and 39 attempted murder charges in the March 15 attacks.
Lawyer Blog Post 2019/03/24 12:05
Actress Lori Loughlin (LAWK'-lin) and her fashion designer husband, Mossimo Giannulli, are scheduled to appear in federal court in Boston next month in a college admissions bribery case.
A judge on Thursday agreed to move their initial appearance to April 3 on charges that they paid $500,000 in bribes to get their daughters into the University of Southern California.
Their attorney had asked the judge to delay the hearing until April 15, saying the legal team had scheduling conflicts when the pair were initially scheduled to be in court on March 29.
Loughlin and Giannulli were among dozens of people arrested last week for allegedly participating in a nationwide college admissions cheating scheme .
Fellow actress Felicity Huffman is also slated to appear in court in Boston on April 3. Neither Loughlin nor Huffman have commented on the allegations.
Lawyer Blog Post 2019/03/23 12:07
Scheduling glitches led an immigration judge to deny the Trump administration's request to order four Central American migrants deported because they failed to show for initial hearings Wednesday in the U.S. while being forced to wait in Mexico.
The judge's refusal was a setback for the administration's highly touted initiative to make asylum seekers wait in Mexico while their cases wind through U.S. immigration courts.
One migrant came to court with a notice to appear on Saturday, March 30 and said he later learned that he was supposed to show up Wednesday. He reported in the morning to U.S. authorities at the main crossing between San Diego and Tijuana.
"I almost didn't make it because I had two dates," he said.
Similar snafus marred the first hearings last week when migrants who were initially told to show up Tuesday had their dates bumped up several days.
Judge Scott Simpson told administration lawyers to file a brief by April 10 that explains how it can assure migrants are properly notified of appointments. The judge postponed initial appearances for the four no-shows to April 22, which raised more questions about how they would learn about the new date.
Lawyer Blog Post 2019/02/26 09:09
Dominion Energy said Tuesday it will ask the U.S. Supreme Court to hear its appeal after a lower court refused to reconsider a ruling tossing out a permit that would have allowed the Atlantic Coast Pipeline to cross two national forests, including parts of the Appalachian Trail.
Lead pipeline developer Dominion said it expects the filing of an appeal in the next 90 days. On Monday, the 4th U.S. Circuit Court of Appeals rejected a request for a full-court rehearing from Dominion and the U.S. Forest Service.
A three-judge panel ruled in December that the Forest Service lacks the authority to authorize the trail crossing and had "abdicated its responsibility to preserve national forest resources" when it approved the pipeline crossing the George Washington and Monongahela National Forests, as well as a right-of-way across the Appalachian Trial.
The 605-mile (974-kilometer) natural gas pipeline would originate in West Virginia and run through North Carolina and Virginia.
The appellate ruling came in a lawsuit filed by the Southern Environmental Law Center on behalf of the Sierra Club, Virginia Wilderness Committee and other environmental groups. The denial "sends the Atlantic Coast Pipeline back to the drawing board," the law center and Sierra Club said in a joint statement on Monday.