Idaho man upset with court tries to crash into courthouse

Legal Business 2017/12/09 10:18   Bookmark and Share
Authorities say an Idaho man tried to crash a car into a courthouse in downtown Boise because he was upset with the court system.

The Ada County Sheriff's office says 37-year-old Jonathan Joseph Locksmith drove toward the courthouse in the state's capital city Sunday morning.

According to authorities, Locksmith apparently made it onto the courthouse plaza in the car, spinning it around in a "doughnut" before landing the vehicle in a fountain. There were no injuries reported.

Locksmith has been arrested on a misdemeanor reckless driving charge and is now in jail.  It's unclear if he has an attorney.

The sheriff's office says Locksmith told a passer-by that he was upset with the court system and wanted to be arrested to go back to jail.
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Arkansas judge blocks state from issuing birth certificates

Legal Business 2017/12/04 10:19   Bookmark and Share
An Arkansas judge on Friday blocked the state from issuing any birth certificates until officials are able to comply with a U.S. Supreme Court ruling that the state's birth certificate law illegally favors heterosexual parents.

Pulaski County Circuit Judge Tim Fox on Friday set aside his orders requiring the state and three same-sex couples go into mediation on how to fix the state law to comply with the U.S. high court's order. Attorney General Leslie Rutledge earlier this week asked the state Supreme Court to stay or lift Fox's mediation order.

"This case has been pending for over two years and it has been more than six months since the United States Supreme Court ruled the Arkansas statutory scheme unconstitutional," Fox wrote in his order. "There are citizens and residents of the state of Arkansas whose constitutional rights are being violated on a daily basis."

Fox last month had threatened to halt the issuance of birth certificates if both sides couldn't find language by Jan. 5 to be stricken from the law. Rutledge told the court this week that both sides had agreed on an order on how to comply with the high court ruling, but Fox rejected it. A spokeswoman for Rutledge said the AG's office was reviewing Fox's order and did not have an immediate comment.

In his order, Fox said he was hopeful Gov. Asa Hutchinson would have the authority to fix the birth certificate law through executive action. If the state is unable to fix the law, Fox said, the injunction would be in effect until lawmakers could address the issue. Lawmakers are not scheduled to convene again until February for a session focused on the budget. Hutchinson could call a special session.

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Court weighing whether graffiti mecca was protected by law

Legal Business 2017/10/11 19:03   Bookmark and Share
For two decades, Jerry Wolkoff let graffiti artists use his crumbling Queens warehouse complex as a canvas for their vibrant works. Artists gave the spot the name "5Pointz" — a place where all five New York City boroughs come together — but painters traveled from as far as Japan and Brazil to tag, bomb and burn at what became a graffiti mecca and a tourist destination.

But like most graffiti, it didn't last. Wolkoff whitewashed the building in 2013 then tore it down to build luxury apartment towers.

Four years later, some of the artists whose work was destroyed are in court, arguing that even though the building belonged to Wolkoff, the art was protected by federal law.

A trial that started Tuesday at a federal court in Brooklyn will determine whether the artists should be compensated for the lost work.

More than 20 artists sued Wolkoff under the Visual Artists Rights Act, or VARA, a 1990 federal statute that protects artists' rights even if someone else owns the physical artwork.

A trial that started Tuesday at a federal court in Brooklyn will determine whether the artists should be compensated for the lost work.

More than 20 artists sued Wolkoff under the Visual Artists Rights Act, or VARA, a 1990 federal statute that protects artists' rights even if someone else owns the physical artwork.

Barry Werbin, an attorney specializing in intellectual property, said the case is significant because no lawsuit under the statute has been tried by a jury before.
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Supreme Court to consider American Express fee dispute

Legal Business 2017/10/03 19:04   Bookmark and Share
The Supreme Court is taking up an appeal by 11 states that argue American Express violated antitrust laws by barring merchants from asking customers to use other credit cards that charge lower fees.

The justices said Monday they would review a ruling by the federal appeals court in New York that sided with American Express.

The case stems from a lawsuit filed by states and the Obama administration in 2010 against American Express, Mastercard and Visa. The lawsuit said that letting merchants steer customers to cards with lower fees for merchants or to other preferred cards would benefit consumers and increase incentives for networks to reduce card fees.

Visa and MasterCard entered into consent judgments in 2011 and stopped their anti-steering rules for merchants while American Express proceeded to trial.

A trial judge ruled against American Express in 2015, but the appeals court reversed that ruling last year.

The Trump administration said it agreed with the states, but still urged the Supreme Court to reject the case. The administration said the justices should let the issue percolate in the lower courts.

The 11 states that joined the appeal are Connecticut, Idaho, Illinois, Iowa, Maryland, Michigan, Montana, Ohio, Rhode Island, Utah and Vermont.

Other states that were part of the original lawsuit are Arizona, Missouri, Nebraska, New Hampshire, Tennessee and Texas.

The court will hear argument in Ohio v. American Express, 16-1454, during the winter.
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California hits Gatorade in court for "anti-water" videogame

Legal Business 2017/09/22 03:06   Bookmark and Share
Gatorade has agreed not to make disparaging comments about water as part of a $300,000 settlement reached Thursday with California over allegations it misleadingly portrayed water's benefits in a cellphone game where users refuel Olympic runner Usain Bolt.

The game, downloaded 30,000 times in California and 2.3 million times worldwide, is no longer available.

The dispute between the sports-drink company and California Attorney General Xavier Becerra was settled in less than a day after Becerra filed a complaint in Los Angeles County.

Becerra's complaint alleges the game, called Bolt!, misleadingly portrayed the health benefits of water in a way that could harm children's nutritional choices. The game encouraged users to "keep your performance level high and avoid water," with Bolt's fuel level going down after drinking water but up after drinking Gatorade, the complaint alleged.

The settlement should serve as a warning to companies that falsely advertise, Becerra said.

"Making misleading statements is a violation of California law. But making misleading statements aimed at our children is beyond unlawful, it's morally wrong and a betrayal of trust," he said in a statement.

Gatorade agreed to the settlement but has not admitted wrongdoing.

"The mobile game, Bolt!, was designed to highlight the unique role and benefits of sports drinks in supporting athletic performance. We recognize the role water plays in overall health and wellness, and offer our consumers great options," spokeswoman Katie Vidaillet said in an email.

In addition to agreeing not to disparage water, Gatorade agreed not to make Bolt! or any other games that give the impression that water will hinder athletic performance or that athletes only consume Gatorade and do not drink water. Gatorade also agreed to use "reasonable efforts" to abide by parent company PepsiCo's policy on responsible advertising to children and to disclose its contracts with endorsers.

Of the settlement money, $120,000 will go toward the study or promotion of childhood and teenager nutrition and the consumption of water.

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UAE prison time dropped for transgender Singaporean, friend

Legal Business 2017/08/23 00:39   Bookmark and Share
A transgender Singaporean and her friend facing a year in prison in the United Arab Emirates for dressing in a feminine way have seen their sentences reduced to a fine and deportation, an official said Monday.

Nur Qistina Fitriah Ibrahim, a transgender woman who has not undergone a sex-change operation, and her friend, freelance fashion photographer Muhammad Fadli Bin Abdul Rahman, will pay a fine of 10,000 dirhams — about $2,270 — and be immediately deported, the official said.

The official, who spoke on condition of anonymity to discuss the negotiations, declined to elaborate further about the case as the process of freeing the two was ongoing.

A separate report on Monday in The National, a state-linked newspaper in Abu Dhabi, quoted an unnamed official as also saying the two would merely face a fine and deportation.

Their families and the Singaporean Embassy in Abu Dhabi declined to comment.

The two Singaporeans were arrested in Abu Dhabi, the oil-rich capital of the United Arab Emirates, on Aug. 9. Police stopped them at Yas Mall as they tried to eat at a food court, said Radha Stirling, CEO of the advocacy group Detained in Dubai.

Abu Dhabi advertises itself as a tourism destination and is home to the long-haul air carrier Etihad Airways. However, the emirate bordering Saudi Arabia is more conservative than Dubai, the UAE's commercial heart.

Even trips to Dubai can pose risks to LGBT travelers and others as laws sometimes contradict social attitudes.

Alcohol possession for foreigners is technically illegal without a government-issued license obtainable only after gaining their employer's permission, though liquor and beer is widely available in bars and clubs in both cities. Foreigners also have faced charges in the past for having sex outside of marriage.

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