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Court says Disneyland can keep Segway ban
Top Court Watch |
2013/07/26 10:58
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A California appeals court says Disneyland Resort can keep a ban on Segways at its parks.
The Orange County Register says the court ruled last week against a woman with muscular dystrophy who sued for discrimination four years ago because she couldn't use a Segway at Disneyland.
The 4th District Court of Appeal says Disney showed that the stand-up, two-wheeled scooter was unsafe to use inside the crowded Anaheim park.
Disney has since developed its own four-wheel standing scooter for use in the park. |
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Colo. senators go to court to halt recall efforts
Top Court Watch |
2013/07/16 20:22
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Two Colorado Democratic state senators facing recalls over their support for new gun restrictions argued Wednesday to stop the proceedings, telling a judge the petitions against them are invalid and that no election should be set until judicial review is complete.
State Senate President John Morse of Colorado Springs and Pueblo Sen. Angela Giron argue the recall petitions against them were improperly worded and didn't ask for an election to appoint a successor.
Denver District Court Judge Robert Hyatt heard arguments Wednesday and will rule Thursday afternoon whether to grant a preliminary injunction.
Supporters of the recall maintain their petitions are valid. The Secretary of State's office has agreed and is seeking a court order to force Democratic Gov. John Hickenlooper to set an election date.
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Court in NYC upholds insider trading conviction
Top Court Watch |
2013/07/02 10:36
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A stock trader nicknamed "the Octopussy" because he had access to so many sources of inside information was properly convicted and sentenced to 10 years in prison, a federal appeals court concluded Monday.
The 2nd U.S. Circuit Court of Appeals upheld the conviction of Zvi Goffer and two others in a case the government had once touted as the biggest insider trading prosecution in history.
In all, more than two dozen defendants were convicted, including a one-time billionaire whose hedge funds had commanded as much as $7 billion.
The Israeli-born Goffer was convicted with two others in 2011 in a conspiracy to pay bribes to two lawyers at a Manhattan law firm. The government said Goffer and others earned more than $10 million illegally.
Goffer, whose nickname is a reference to a James Bond film, was sentenced to 10 years in prison after prosecutors said he arranged to pay two attorneys nearly $100,000 in 2007 and 2008 for inside tips on mergers and acquisitions. Prosecutors said Goffer's network used prepaid cellphones to avoid detection and destroyed them after each successful tip.
His lawyers challenged his conviction and sentence on several grounds, including that wiretap evidence should have been suppressed, that jury instructions were erroneous and that Goffer was punished for refusing to plead guilty.
A three-judge panel of the Manhattan appeals court noted the novelty of using wiretaps in a securities fraud case as it rejected defense arguments that the law permitting wiretaps does not list securities fraud as an offense for which it can be used. |
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Court hears arguments on NYC's big soda ban
Top Court Watch |
2013/06/12 13:43
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A state appeals court panel had few sweet words Tuesday for a city health regulation that would fight diabetes and obesity by setting a size limit on sugary beverages sold in restaurants.
The four justices peppered a city lawyer with tough questions during a Manhattan court session aimed at determining whether health officials exceeded their authority in placing a 16-ounce limit on most sweetened beverages at city-licensed eateries.
The regulation would apply to thousands of fast food joints, fine restaurants and sports stadiums, but not to supermarkets or most convenience stores. It was struck down in March by a lower-court judge, who found that the rules had too many loopholes that would undermine the health benefits while arbitrarily applying to some businesses but not others. The city appealed.
During oral arguments in the case Tuesday, the judges repeatedly challenged city attorney Fay Ng to defend the rule's scientific and legal underpinnings.
Justice David Friedman said the city appeared to be asking for unprecedented authority to regulate all sorts of portion sizes, including "the number of doughnuts a person could eat, the number of scoops of ice cream" and number of servings of fried chicken.
Several times, Justice Dianne Renwick questioned whether the 16-ounce size limit was scientifically arbitrary, given that it is based on liquid volume rather than a measure of how much sugar is actually in a beverage. The limit, she noted, meant that some drinks with high amounts of sugar would be allowed, while others with less sweetener would be banned.
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ID court rules man can face felony stalking charge
Top Court Watch |
2013/06/10 08:23
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The Idaho Court of Appeals has ruled that allegedly violating a Washington-issued no-contact order is sufficient to elevate charges against an Idaho man to felony first-degree stalking.
The judges on Friday reversed a 2nd District Court decision that had reduced charges against Paul Carey Hartzell to second-degree stalking, a misdemeanor.
According to court documents, a counselor who lived in Washington but worked in Idaho sought a no-contact order preventing Hartzell from contacting her for a year.
That's after he allegedly made unwanted advances, including at her home.
Initially charged with first-degree stalking, a judge reduced the charges against Hartzell.
That didn't sit well with prosecutors.
The Appeals Court agreed, ruling unanimously the district court judge erred by concluding the Washington state order couldn't elevate the Idaho charge to first-degree stalking.
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