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Rebel Wilson back in Australian courts in defamation appeal
Topics in Legal News |
2018/07/13 15:38
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Rebel Wilson has applied to Australia's highest court to increase the comic actress's payout from a defamation case against a magazine publisher.
The 38-year-old, best known for parts in the "Pitch Perfect" and "Bridesmaids" movies, was awarded in September an Australian record 4.6 million Australian dollars ($3.5 million) in damages.
A Victoria state Supreme Court jury found that that German publisher Bauer Media defamed her in a series of articles in 2015 claiming she lied about her age, the origin of her first name and her upbringing in Sydney.
But three judges on the Court of Appeal last month upheld an appeal by Bauer and slashed Wilson's payout to AU$600,000 ($454,000).
The appeal court ruled that the trial Judge John Dixon should not have compensated Wilson for film roles, including "Trolls" and "Kung Fu Panda 3," which she testified she had lost due to the damage the articles had done to her reputation.
She was also ordered to pay 80 percent of Bauer's legal costs in mounting its appeal.
Wilson lodged an application to the High Court late Wednesday to restore Dixon's ruling. The High Court registry made the court documents public on Thursday.
The Court of Appeal overturned Dixon's finding that Wilson's career had been on an "upward trajectory" before the articles, instead saying the judge had given "a picture of the plaintiff's career trajectory that significantly overstated its success and ignored its hiccups."
According to court documents, Wilson's lawyers will argue Dixon was correct, and that he was also correct in finding the articles caused a "huge international media firestorm" affecting Wilson's career and reputation.
The lawyer will also argue the Court of Appeal was wrong in concluding Wilson needed to prove economic loss by showing a project had been canceled.
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German court: Catalan politician can legally be extradited
Opinions |
2018/07/13 15:38
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A German court on Thursday removed a hurdle to the extradition of a prominent Catalan politician on charges of embezzlement, setting the stage for a possible trial in Spain but on lesser charges than prosecutors there had hoped for.
In its decision in the case of Carles Puigdemont, the Schleswig-Holstein state court said the former Catalan leader could be extradited on embezzlement charges, but not rebellion.
The charge of rebellion is not recognized in Germany and the court said related German statutes such as that against treason did not apply, because his actions "did not rise to this kind of violence."
The charges are in connection with the Catalan regional government's unauthorized referendum last year on independence from Spain and a subsequent unilateral declaration of independence by the separatist-controlled regional parliament.
The Spanish government rejects Catalan independence. Puigdemont hailed the decision as a victory, tweeting "we have defeated the central lie of the (Spanish) state. German justice denies that the referendum of October 1 was rebellion."
The decision means that if he is extradited, Puigdemont can only stand trial in Spain on embezzlement charges over allegations he misused public funds, court spokeswoman Christine von Milczewski said.
Rebellion carries a maximum sentence of 30 years in prison, while misuse of public funds carries up to 12 years.
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Audit: 'Pervasive lack of accountability' in Kentucky courts
Court News |
2018/07/12 15:37
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In 2016, Kentucky's Administrative Office of the Courts was looking for office space for newly-elected Supreme Court Justice Sam Wright. They got two offers: One would cost more than $59,000 a year and require extensive renovations. The other space was larger, had 15 parking spaces and would cost $21,000 a year.
State officials chose the first option, even though it cost three times as much. They did not document why they chose it, and they did not visit the site before signing the lease, as state policy requires. The selection memo, which is the sole document relied on to make the decision, also left out one key detail: The company that owned the more expensive property was owned by the justice's two sons.
That's just one finding of many in a scathing audit released Thursday of the administrative arm of Kentucky's judicial system. The audit, believed to be the first ever independent examination of judicial system's finances and policies, found a "pervasive lack of accountability" and resistance to transparency. The Supreme Court sets administrative policy for the judicial branch, but they meet in secret and won't allow the public to monitor their actions. When Auditor Mike Harmon recommended they conduct administrative business in public, they refused.
"Their dismissive attitude towards key recommendations regarding ethics and accountability quite frankly saddens me," Harmon said in a news release announcing the audit's findings. "No matter what branch of government, we owe it to the taxpayers of Kentucky to strive toward openness and transparency."
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Hawaii Supreme Court sides with lesbian couple in B&B case
Court News |
2018/07/10 05:37
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A Hawaii appeals court ruling that a bed and breakfast discriminated by denying a room to two women because they're gay will stand after the state's high court declined to take up the case.
Aloha Bed & Breakfast owner Phyllis Young had argued she should be allowed to turn away gay couples because of her religious beliefs.
But the Hawaii Supreme Court on Tuesday unanimously rejected Young's appeal of a lower court ruling that ordered her to stop discriminating against same-sex couples.
Young is considering her options for appeal, said Jim Campbell, senior counsel for Alliance Defending Freedom, a conservative Christian law firm that is representing her. He said Young might not be able to pay her mortgage and could lose her home if she's not able to rent rooms.
"Everyone should be free to live and work according to their religious convictions - especially when determining the living arrangements in their own home," Campbell said in an emailed statement.
Peter Renn, who represents the couple, said the Hawaii high court's order indicates the law hasn't changed even after the U.S. Supreme Court last month, in a limited decision, sided with a Colorado baker who refused to make a wedding cake for a same-sex couple. He said "there still is no license to discriminate."
"The government continues to have the power to protect people from the harms of discrimination, including when it's motivated by religion," said Renn, who is a senior attorney with Lambda Legal, an organization that defends LGBTQ rights.
Diane Cervelli and Taeko Bufford of Long Beach, California, tried to book a room at Aloha Bed & Breakfast in 2007 because they were visiting a friend nearby. When they specified they would need just one bed, Young told them she was uncomfortable reserving a room for lesbians and canceled the reservation. |
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1-year-old goes to court to get reunited with family
Legal Marketing |
2018/07/09 16:44
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The 1-year-old boy in a green button-up shirt drank milk from a bottle, played with a small purple ball that lit up when it hit the ground and occasionally asked for "agua."
Then it was the child's turn for his court appearance before a Phoenix immigration judge, who could hardly contain his unease with the situation during the portion of the hearing where he asks immigrant defendants whether they understand the proceedings.
"I'm embarrassed to ask it, because I don't know who you would explain it to, unless you think that a 1-year-old could learn immigration law," Judge John W. Richardson told the lawyer representing the 1-year-old boy.
The boy is one of hundreds of children who need to be reunited with their parents after being separated at the border, many of them split from mothers and fathers as a result of the Trump administration's "zero-tolerance policy." The separations have become an embarrassment to the administration as stories of crying children separated from mothers and kept apart for weeks on end dominated the news in recent weeks.
Critics have also seized on the nation's immigration court system that requires children — some still in diapers — to have appearances before judges and go through deportation proceedings while separated from their parents. Such children don't have a right to a court-appointed attorney, and 90 percent of kids without a lawyer are returned to their home countries, according to Kids in Need of Defense, a group that provides legal representation.
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