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High court will hear Microsoft appeal over Xbox lawsuit
Attorney Blog News |
2016/01/19 00:09
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The Supreme Court will decide whether Microsoft Corp. must face a class action lawsuit by disgruntled owners of the Xbox 360 video-game system who say the console has a design defect that scratches game disks.
The justices agreed Friday to hear an appeal from Microsoft arguing that individual claims by the plaintiffs had previously been thrown out.
Microsoft has sold more than 80 million Xbox 360 consoles and says only 0.4 percent of owners report disk scratching. The company says any damage is the result of consumer misuse and not a product defect.
A federal judge dismissed the lawsuit in 2012, ruling there were not enough complaints to justify a class action. But a federal appeals court reversed, saying it could go forward.
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ACLU to appeal court ruling in Missouri drug testing case
Attorney Blog News |
2015/12/20 17:06
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The American Civil Liberties Union said it plans to appeal a federal court ruling that upheld a technical college’s plan to force every incoming student to be tested for drugs.
Tony Rothert, legal director for the ACLU’s Missouri chapter, told the Jefferson City News Tribune that the 8th U.S. Circuit Court of Appeals has given the organization until Jan. 4 to file a petition seeking a rehearing by either the same three-judge panel that issued the ruling earlier this month, or by all of the active 8th Circuit judges.
“We intend to request both,” Rothert said. “While rehearing is difficult to obtain, we are fortunate in this case to have a majority decision that is poorly crafted and departs from 8th Circuit and Supreme Court precedent.”
The ACLU filed the federal lawsuit in 2011 challenging a mandatory drug-testing policy Linn State Technical College’s Board of Regents approved in June of that year. The school since has changed its name to State Technical College of Missouri.
The lawsuit argued the policy violated the students’ Fourth Amendment right “to be secure . against unreasonable searches and seizures.”
When it started the program, the school said the testing policy was intended “to provide a safe, healthy and productive environment for everyone who learns and works at Linn State Technical College by detecting, preventing and deterring drug use and abuse among students.”
Under the policy, students had to pay a $50 fee for the drug test and could be blocked from attending if they refused to be tested.
U.S. District Judge Nanette Laughrey issued a ruling in September 2013 that limited the drug testing to five Linn State programs. But in its 2-1 vote earlier this month, the federal appeals court panel overturned her ruling as too narrow.
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2 charged in pastor's wife killing say little in court
Attorney Blog News |
2015/11/27 22:21
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Two young men charged in the shooting death of an Indianapolis pastor's pregnant wife gave brief answers to a judge's questions Tuesday during their first court appearance since their arrest.
Marion County Superior Court Judge Grant Hawkins entered not guilty pleas for 18-year-old Larry Taylor Jr. and 21-year-old Jalen Watson and appointed attorneys for the Indianapolis men during their initial hearing on murder, burglary, theft and several other charges. The judge also set a Jan. 8 pretrial conference for both men.
Taylor, who authorities allege fatally shot 28-year-old Amanda Blackburn earlier this month, appeared distracted, swiveling back and forth in his chair. Hawkins told Taylor more than once that he needed to respond clearly and audibly to each of his questions about whether he understood the charges, rather than only "yeah." Watson, however, said "yes" and "yes sir," throughout.
Prosecutors said Taylor and Watson entered through the unlocked front door of Blackburn's home shortly after her husband, Pastor Davey Blackburn, left for the gym about 6 a.m. Nov. 10. A probable cause affidavit says Taylor shot Amanda Blackburn three times, including once in the back of the head.
Watson faces a murder charge because Blackburn was killed during a home burglary and prosecutors allege that he was involved in it.
Marion County Prosecutor Terry Curry said Monday it was not clear whether Blackburn, who was 13 weeks pregnant, had been sexually assaulted; she was found partially nude. Prosecutors have filed a request with the court that seeks to enhance the murder charge Taylor faces, citing that she was pregnant at the time of her killing.
Under the state's request, an additional six to 20 years could be added to Taylor's sentence if he is convicted or pleads guilty to the murder charge, and the jury or judge finds that prosecutors have proven that Taylor caused the termination of her pregnancy. |
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Court rejects ACLU's request to stop phone record collection
Attorney Blog News |
2015/10/29 07:40
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A federal appeals court in New York has rejected the American Civil Liberties Union's effort to stop bulk collection of its phone records while a more limited collection system is put in place.
The 2nd U.S. Circuit Court of Appeals said Thursday that Congress intended for data collection to continue during a six-month transition period before a new law takes effect. Earlier this year, the appeals court in Manhattan struck down the government's mass collection of Americans' phone records, finding Congress never authorized it.
Congress then approved a more limited collection method due to take effect Nov. 29.
The 2nd Circuit says an abrupt end to the current program would harm the public interest in surveilling terrorist threats.
An ACLU lawyer says the civil rights group disagrees with the ruling.
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Texas man charged in killing of 8 set for court appearance
Attorney Blog News |
2015/08/11 23:24
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A man charged with capital murder in the fatal shooting of a family of six children and two parents at their Houston home is set to make his first court appearance.
David Conley, who authorities say was previously in a contentious relationship with the mother, is due in Harris County court Monday. The 48-year-old Conley, who has a violent criminal history, is being held in jail without bond. He doesn't yet have an attorney.
The dead were identified as 40-year-old Valerie Jackson and her husband, 50-year-old Dewayne Jackson. The children killed include a 13-year-old believed to be Conley's son from his relationship with Valerie Jackson.
Authorities responded to the home Saturday after relatives requested a welfare check. They say after an hours-long standoff with Conley ended, they found all eight victims shot in the head.
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