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US court agrees Apple violated antitrust law in e-book entry
Legal Blog News |
2015/07/01 15:11
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Apple violated antitrust laws by colluding with publishers to raise electronic book prices when it entered a market in 2010 that had been dominated by Amazon.com, a federal appeals court said Tuesday. The 2nd U.S. Circuit Court of Appeals in Manhattan ruled 2-to-1 that a lower court judge was right to find Apple Inc. violated the laws to upset Amazon.com Inc.'s control of the market. The appeals court also agreed that U.S. District Judge Denise Cote was right to order injunctive relief to ensure the Cupertino, California-based company didn't commit additional violations of antitrust laws. An Apple lawyer said in an email that comment would be issued soon. Cote ruled against Apple after a civil trial in summer 2013. She ordered the technology giant to modify contracts with publishers to prevent price fixing and appointed a monitor to review the company's antitrust policies. The appeals court weeks ago upheld the appointment of the monitor. |
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Supreme Court upholds key tool for fighting housing bias
Legal Blog News |
2015/06/25 09:03
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The Supreme Court handed a surprising victory to the Obama administration and civil rights groups on Thursday when it upheld a key tool used for more than four decades to fight housing discrimination.
The justices ruled 5-4 that federal housing laws prohibit seemingly neutral practices that harm minorities, even without proof of intentional discrimination.
Justice Anthony Kennedy, often a swing vote, joined the court's four liberal members in upholding the use of so-called "disparate impact" cases.
The ruling is a win for housing advocates who argued that the housing law allows challenges to race-neutral policies that have a negative impact on minority groups. The Justice Department has used disparate impact lawsuits to win more than $500 million in legal settlements from companies accused of bias against black and Hispanic customers.
In upholding the tactic, the Supreme Court preserved a legal strategy that has been used for more than 40 years to attack discrimination in zoning laws, occupancy rules, mortgage lending practices and insurance underwriting. Every federal appeals court to consider it has upheld the practice, though the Supreme Court had never previously taken it up.
Writing for the majority, Kennedy said that language in the housing law banning discrimination "because of race" includes disparate impact cases. He said such lawsuits allow plaintiffs "to counteract unconscious prejudices and disguised animus that escape easy classification" under traditional legal theories.
"In this way disparate-impact liability may prevent segregated housing patterns that might otherwise result from covert and illicit stereotyping," Kennedy said.
Kennedy was joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.
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Same-sex marriage opponents urge Supreme Court to go slow
Legal Blog News |
2015/06/23 09:04
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Same-sex marriage opponents acknowledge they face a tough task in trying to persuade the Supreme Court to allow states to limit marriage to a man and a woman.
But they are urging the court to resist embracing what they see as a radical change in society's view of what constitutes a marriage, especially without more information about how same-sex marriage affects children who are raised by two fathers or two mothers.
The idea that same-sex marriage might have uncertain effects on children is strongly contested by those who want the court to declare that same-sex couples have a right to marry in all 50 states. Among the 31 plaintiffs in the cases that will be argued at the court on April 28 are parents who have spent years seeking formal recognition on their children's birth certificates or adoption papers.
But opponents, in dozens of briefs asking the court to uphold state bans on same-sex marriage, insist they are not motivated by any prejudice toward gays and lesbians.
"This is an issue on which people of good will may reasonably disagree," lawyer John Bursch wrote in his defense of Michigan's gay-marriage ban. Bursch argued on behalf of the states that same-sex couples can claim no constitutional right to marriage.
Same-sex couples now can marry in 36 states and the District of Columbia, the product of a dizzying pace of change in state marriage laws. Just three years ago, only six states allowed it.
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High court strikes down raisin program as unconstitutional
Legal Blog News |
2015/06/22 08:29
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The Supreme Court ruled Monday that a 66-year-old program that lets the government take raisins away from farmers to help reduce supply and boost market prices is unconstitutional.
In an 8-1 ruling, the justices said forcing raisin growers to give up part of their annual crop without full payment is an illegal confiscation of private property.
The ruling is a victory for California farmers Marvin and Laura Horne, who claimed they were losing money under a 1940s-era program they call outdated and ineffective. They were fined $695,000 for trying to get around the program.
A federal appeals court said the program was acceptable because the farmers benefited from higher market prices and didn't lose the entire value of their crop.
The government argued that the Hornes benefited from increased raisin prices, but their cause had won wide support from conservative groups opposed to government action that infringes on private property rights.
Writing for the court, Chief Justice John Roberts said the government must pay "just compensation" when it takes personal goods just as when it takes land away. He rejected the government's argument that the Hornes voluntarily chose to participate in the raisin market and have the option of selling different crops if they don't like it. |
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Court says net neutrality rules will go into effect Friday
Legal Blog News |
2015/06/12 12:21
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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.
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