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Gay marriage on hold in California
Court Watch |
2012/02/22 09:54
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Same-sex marriage was on hold in California after opponents petitioned a federal appeals court Tuesday to review a split decision by three of its judges that struck down a voter-approved measure that limited marriage to a man and woman.
Lawyers for the religious and legal groups asked the 9th U.S. Circuit Court of Appeals to rehear the 2-1 decision that declared the ban, known as Proposition 8, to be a violation of the civil rights of gay and lesbian Californians.
If they had not sought reconsideration, the three judges could have ordered the ruling to take effect in another seven days, clearing the way for same-sex marriages to resume in the state.
Instead, same-sex marriages will remain on hold at least until the 9th Circuit decides to accept or reject the rehearing petition. The court does not face a deadline for doing so.
"This gives the entire 9th Circuit a chance to correct this anomalous decision by just two judges overturning the vote of seven million Californians," said Andy Pugno, general counsel for the Protect Marriage coalition.
Legal experts said supporters of the ban could be exhausting all their options before trying to take the case to the Supreme Court. Some experts said the 9th Circuit does not often reverse the decisions of member judges.
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Lower Chinese court rules shops should pull iPads
Court Watch |
2012/02/20 09:44
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Apple's dispute over the iPad trademark deepened Monday after the Chinese company that claims ownership of the name said it won a court ruling against sales of the popular tablet computer in China.
Xie Xianghui, a lawyer for Shenzhen Proview Technology, said the Intermediate People's Court in Huizhou, a city in southern China's Guangdong province, had ruled on Friday that distributors should stop selling iPads in China.
The ruling, which was also reported widely in China's state media, may not have a far-reaching effect. In its battle with Apple, Proview is utilizing lawsuits in several places and also requesting commercial authorities in 40 cities to block iPad sales.
Apple Inc. said in a statement Monday that its case is still pending in mainland China. The company has appealed to Guangdong's High Court against an earlier ruling in Proview's favor.
Apple insists it holds the trademark rights to the iPad in China. |
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Court hearing planned for Utah's immigration law
Court Watch |
2012/02/17 11:03
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Eight months after Utah's immigration enforcement law was put on hold by a federal judge, attorneys on both sides will have an opportunity on Friday to argue the constitutionality of the measure.
The law created by House Bill 497 would have allowed police to check the citizenship of anybody they arrest. It was initially blocked last May by U.S. District Judge Clark Waddoups, 14 hours after it went into effect. At the time, Waddoups pointed at similarities to a contentious Arizona law that is bound for the U.S. Supreme Court and said there was sufficient evidence that at least some parts of the Utah law would be found unconstitutional.
The American Civil Liberties Union and National Immigration Law Center sued a week before the law went into effect to stop the implementation of House Bill 497, saying it could lead to racial profiling. The U.S. Justice Department joined the lawsuit in November, claiming the measure usurped federal authority.
Lawyers for the Utah attorney general's office have maintained the law is constitutional because it doesn't allow police to check the citizenship of everyone they encounter. They argue lawmakers worked to avoid the constitutional pitfalls of the Arizona law and passed a significantly different bill.
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Italian court convicts 2 in asbestos-linked deaths
Court Watch |
2012/02/13 10:16
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An Italian court Monday convicted two men of negligence in some 2,000 asbestos-related deaths blamed on contamination from a construction company, sentencing each of them to 16 years in prison and ordering them to pay millions in what officials called a historic case.
Italian Health Minister Renato Balduzzi hailed the verdict by the three-judge Turin court as "without exaggeration, truly historic," noting that it came after a long battle for justice.
"It's a great day, but that doesn't mean the battle against asbestos is over," he told Sky TG24 TV, stressing that it is a worldwide problem.
Prosecutors said Jean-Louise de Cartier of Belgium and Stephan Schmidheiny of Switzerland, both key shareholders in the Swiss construction firm Eternit, failed to stop asbestos fibers left over from production of roof coverings and pipes at its northern Italian factories from spreading across the region.
During the trial, which has stretched on since December 2009, some 2,100 deaths or illnesses were blamed on the asbestos fibers, which can cause grave lung problems, including cancer. Prosecutors said the contamination stretched over decades.
The defendants had denied wrongdoing.
Hundreds of people, many of them who had lost parents or spouses to asbestos-linked diseases, crowded the courtroom and two nearby halls to gather for the verdict. When the convictions were announced, some of the spectators wept.
Two hours after announcing the convictions, Judge Giuseppe Casalbore was still reading the court's complete verdict, which included awards of monetary damages from civil lawsuits from some 6,300 victims or their relatives who alleged that loved ones either died or were left ill from asbestos. |
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Student bra search case goes to NC Supreme Court
Court Watch |
2012/02/13 10:16
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The North Carolina Supreme Court is hearing arguments over whether school officials should be allowed to search students' bras for drugs.
A student at an alternative school sued after students had to untuck their shirts and pull out their bras with their thumbs in front of two men in 2008. The searches were done after the principal at Brunswick County Academy received a tip that pills were being brought into the school.
An appeals court ruled last year the searches were "degrading, demeaning and highly intrusive."
The attorney general's office is representing the school. The office says no skin was shown during the search, and students who are assigned to an alternative school because of disciplinary problems have a lesser expectation of privacy than other students. |
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