Supreme Court upholds cross on public land in Maryland

Lawyer Blog Post 2019/06/24 10:56   Bookmark and Share
A World War I memorial in the shape of a 40-foot-tall cross can continue to stand on public land in Maryland, the Supreme Court ruled Thursday.

The justices, in ruling 7-2 in favor of the cross' backers, concluded that the nearly 100-year-old memorial's presence on a grassy highway median doesn't violate the First Amendment's establishment clause, which prohibits the government from favoring one religion over others.

The case had been closely watched because it involves the place of religious symbols in public life. Defenders of the cross in Bladensburg had argued that a ruling against them could doom of hundreds of war memorials that use crosses to commemorate soldiers who died.


"The cross is undoubtedly a Christian symbol, but that fact should not blind us to everything else that the Bladensburg Cross has come to represent," Justice Samuel Alito wrote.

"For some, that monument is a symbolic resting place for ancestors who never returned home. For others, it is a place for the community to gather and honor all veterans and their sacrifices to our Nation. For others still, it is a historical landmark. For many of these people, destroying or defacing the Cross that has stood undisturbed for nearly a century would not be neutral and would not further the ideals of respect and tolerance embodied in the First Amendment. For all these reasons, the Cross does not offend the Constitution," he wrote.
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Feds: US Supreme Court should turn down 'Bridgegate' appeal

Lawyer Blog Post 2019/05/16 09:16   Bookmark and Share
The U.S. solicitor general's office has recommended that the U.S. Supreme Court not hear the appeal of two convicted defendants in the "Bridgegate" case, nudging the four-year legal saga of New Jersey's most famous traffic jam toward a conclusion.

"Further review is not warranted," the brief filed late Wednesday said. The Supreme Court is expected to decide whether to hear the case by the end of its term next month.

Bridget Kelly and Bill Baroni want the court to hear the appeal of their 2016 convictions for causing gridlock near the George Washington Bridge to punish a mayor for not endorsing their boss, former Republican Gov. Chris Christie.

Christie wasn't charged, but the revelations from the scandal and conflicting accounts of when he knew about the plot combined to sabotage his 2016 presidential aspirations.

Kelly, Christie's former deputy chief of staff at the time of the 2013 lane realignments in the town of Fort Lee, and Baroni, deputy executive director of the Port Authority of New York and New Jersey, had their sentences reduced this spring after a federal appeals court tossed some convictions last fall. Kelly petitioned the Supreme Court to consider the rest of the convictions, and Baroni joined in the appeal.

They argued that while their actions may have been ethically questionable, they weren't illegal because neither derived personal benefit, and the Port Authority, which operated the bridge, wasn't deprived of tangible benefits as a result of the scheme.
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Court records: Illinois father led police to son's body

Lawyer Blog Post 2019/05/07 00:49   Bookmark and Share
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.
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Arizona court says Costco can be sued over ED drug disclosure

Lawyer Blog Post 2019/05/02 10:17   Bookmark and Share
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.
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6 appear in court on charges they sent mosque attack images

Lawyer Blog Post 2019/04/15 10:21   Bookmark and Share
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.
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Court hearing delayed for Loughlin, husband in college scam

Lawyer Blog Post 2019/03/24 12:05   Bookmark and Share
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.

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