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Court says net neutrality rules will go into effect Friday
Topics in Legal News | 2015/06/12 19:21
Rules that treat the Internet like a public utility and prevent companies from blocking or slowing down some online traffic will go into effect Friday after a federal appeals court refused to delay them.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said it won't postpone implementation of the net neutrality regulations even though AT&T, Verizon, and other companies are fighting against them. The panel said the United States Telecom Association, the plaintiffs in the case, did not satisfy the requirements for a stay.

The ruling is a setback for the industry, but the litigation will go on. The court accepted the Telecom Association's request to speed up the proceedings and asked the two sides to submit a schedule for briefing within two weeks.

Last February, the FCC agreed in a 3-2 vote to new rules that specifically prohibit service providers from blocking or slowing Internet traffic. To make sure the FCC has the authority to punish violators, the agency agreed to put Internet service in the same regulatory camp as the telephone and other utilities. That means providers would have to act in the "public interest" when supplying Internet service and refrain from "unjust or unreasonable" business practices.



Appeals court: Apple must submit to imposition of monitor
Topics in Legal News | 2015/06/02 00:57
A federal appeals panel has refused to disqualify a court-appointed monitor after a judge found Apple colluded with book publishers in 2010 to raise electronic book prices.

The 2nd U.S. Circuit Court of Appeals in Manhattan ruled against Apple Inc. Thursday. The three-judge panel concluded that a judge did not act improperly when she declined Apple's request to disqualify a monitor she had appointed to evaluate Apple's antitrust policies.

A lawyer for Apple, based in Cupertino, California, did not immediately respond to a request for comment.

The 2nd Circuit did not yet rule on a separate appeal in which Apple is challenging the judge's finding that it colluded with publishers.

After a 2013 civil trial, a judge ordered the technology giant to modify contracts with publishers to prevent price fixing.



Supreme Court rejects appeal over Justice memo
Topics in Legal News | 2014/10/20 12:24
The Supreme Court won't hear an appeal from a civil liberties group that wants to make public an internal Justice Department memo that allows the FBI to informally obtain phone records.

The justices on Tuesday let stand an appeals court ruling that said the Justice Department could refuse to release the 2010 memo under an exception to the Freedom of Information Act.

The Electronic Frontier Foundation argued that the public has a right to see how the Justice Department's Office of Legal Counsel authorized the FBI to access phone call records from telephone companies for terrorism investigations.

The U.S. Court of Appeals for the District of Columbia Circuit said the memo was part of the government's internal deliberations and therefore exempt from disclosure.


High court poised to decide birth-control dispute
Topics in Legal News | 2014/06/30 16:54

The Supreme Court is poised to deliver its verdict in a case that weighs the religious rights of employers and the right of women to the birth control of their choice.

The court meets for a final time Monday to release decisions in its two remaining cases before the justices take off for the summer.

The cases involve birth control coverage under President Barack Obama's health law and fees paid to labor unions representing government employees by workers who object to being affiliated with a union.

Two years after Chief Justice John Roberts cast the pivotal vote that saved the health care law in the midst of Obama's campaign for re-election, the justices are considering a sliver of the law.

Employers must cover contraception for women at no extra charge among a range of preventive benefits in employee health plans.

Dozens of companies, including the Oklahoma City-based arts and crafts chain Hobby Lobby, claim religious objections to covering some or all contraceptives.



Suspect sought for death penalty appears in court
Topics in Legal News | 2014/05/27 14:17
The suspect accused of kidnapping and killing a 15-year-old girl in Northern California has appeared in court for the first time since prosecutors say they are seeking the death penalty against him.

KTVU-TV reports that Antolin Garcia-Torres made a brief appearance in a Santa Clara County courtroom in San Jose on Friday.

It was the his first time since District Attorney Jeff Rosen announced he was seeking capital punishment against Garcia-Torres in the disappearance of Sierra LaMar.

Garcia-Torres is accused of killing the Morgan Hill girl who vanished while on her way to school in March 2012. He was arrested two months later, after authorities say they found Sierra's DNA in his car and his DNA in her handbag.


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