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Court nixes class-action status for TGI Friday's drink suit
Topics in Legal News |
2017/10/08 09:16
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A lawsuit accusing restaurant chain TGI Friday's violated consumer fraud laws with its drink pricing can't go ahead as a class action that could have included millions of members, but a similar case involving Carrabba's Italian Grill restaurants can, New Jersey's state Supreme Court ruled Wednesday.
Debra Dugan sued TGI Friday's after she was charged one price for a drink at the bar and a higher price at a table in 2008. The restaurant didn't list drink prices on its menus, according to the lawsuit.
A lower court in 2012 granted class-action status to anyone who ordered unpriced drinks at 14 of the company's restaurants in New Jersey from 2004 through 2014. TGI Friday's had estimated that could have amounted to as many as 14 million customers, according to court filings. But the plaintiffs disputed that figure.
According to the lawsuit, TGI Friday's conducted research that showed that customers spent an average of $1.72 less on drinks if the prices were displayed than if the prices weren't displayed. The lawsuit sought to prove that that amount could be considered a loss for anyone who had ordered a drink at the restaurants. Wednesday's 5-1 ruling rejected that argument, but said individual claims could still proceed. |
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European Court Asked to Rule on Facebook Data Transfers
Topics in Legal News |
2017/10/02 09:14
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The European Court of Justice has been asked to consider whether Facebook's Dublin-based subsidiary can legally transfer users' personal data to its U.S. parent, after Ireland's top court said Tuesday that there are "well-founded concerns" the practice violates European law.
In a case brought after former U.S. defense contractor Edward Snowden revealed the extent of electronic surveillance by American security agencies, the Irish court found that Facebook's transfers may compromise the data of European citizens.
The case has far-reaching implications for social media companies and others who move large amounts of data via the internet. Facebook's European subsidiary regularly does so.
Ireland's data commissioner had already issued a preliminary decision that such transfers may be illegal because agreements between Facebook and its Irish subsidiary don't adequately protect the privacy of European citizens. The Irish High Court is referring the case to the European Court of Justice because the data sharing agreements had been approved by the European Union's executive Commission.
Ireland's data commissioner "has raised well-founded concerns that there is an absence of an effective remedy in U.S. law . for an EU citizen whose data are transferred to the U.S. where they may be at risk of being accessed and processed by U.S. state agencies for national security purposes in a manner incompatible" with the EU's Charter of Fundamental Rights, the Irish High Court said Tuesday.
Austrian privacy campaigner Maximillian Schrems, who has a Facebook account, had challenged this practice through the Irish courts because of concerns that his data was being illegally accessed by U.S security agencies. |
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Supreme Court declines to hear Megaupload case
Topics in Legal News |
2017/09/28 09:13
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The Supreme Court is leaving in place lower court rulings against internet entrepreneur Kim Dotcom and others associated with his now defunct file-sharing website Megaupload.
The Supreme Court said Monday it would not take a case in which a lower court ordered the forfeiture of bank accounts, cars, and a property in New Zealand linked to the group.
U.S. authorities shut down Megaupload in 2012 and filed charges against Dotcom and several colleagues, alleging they conspired to commit copyright infringement, racketeering and money laundering. Two years later, officials moved to have assets forfeited that the government said were proceeds of the alleged conspiracy.
Courts found that Dotcom, who lives in New Zealand, and others were fugitives avoiding prosecution in the United States and ordered the assets forfeited.
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With 2 in 3 months, Ohio executions could be back on track
Topics in Legal News |
2017/09/19 10:16
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Court rulings favorable to the state and the outcome of two executions in three months indicate Ohio could be on track to resume putting inmates to death regularly.
The state executed child killer Ronald Phillips in July and double killer Gary Otte on Wednesday in the state death chamber at the Southern Ohio Correctional Facility in Lucasville.
Witnesses said Phillips did not appear to be distressed. Otte’s chest rose and fell several times over two minutes in a fashion similar to some executions, though the movement appeared to go on longer than in the past.
Otte’s lawyers believe he suffered a phenomenon known as air hunger and plan to continue their challenge of Ohio’s use of a sedative called midazolam.
“My concerns were that he was obstructing, he was suffering air hunger, trying desperately to get air, and there were tears running down his face, which indicated to me that he was feeling pain or sensations,” federal public defender Carol Wright said after Wednesday’s execution.
Prisons spokeswoman JoEllen Smith said the procedure “was carried out in compliance with the execution policy and without complication.”
The next and last execution scheduled this year is Nov. 15, when the state plans to put Alva Campbell to death. A jury found Campbell, 69, guilty of killing 18-year-old Charles Dials 20 years ago after Campbell, who was in a wheelchair while feigning paralysis, escaped from a court hearing.
Ohio is scheduled to execute four people next year, including Cleveland R. Jackson, of Lima, and six in 2019. Nine men were executed in 2010, the most since Ohio resumed putting inmates to death in 1999. |
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Rooney gets road ban after pleading guilty to drunk driving
Topics in Legal News |
2017/09/12 10:16
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Former England captain Wayne Rooney pleaded guilty to drunk driving on Monday, leading to a court imposing a two-year driving ban and ordering him to perform 100 hours of unpaid community work.
The Everton striker was stopped by police outside Manchester on Sept. 1 while driving someone else's car.
Rooney was three times above the legal limit for driving with alcohol in the body, the hearing at Stockport Magistrates' Court was informed as the 31-year-old player entered his guilty plea.
"Following today's court hearing I want publicly to apologize for my unforgivable lack of judgment in driving while over the legal limit. It was completely wrong," Rooney said in a statement.
"I have already said sorry to my family, my manager and chairman and everyone at Everton FC. Now I want to apologize to all the fans and everyone else who has followed and supported me throughout my career."
A breathalyzer test showed Rooney's alcohol level was 104 micrograms in 100 milliliters of breath. The driving limit in England and Wales is 35 micrograms per 100 milliliters of breath.
Rooney's legal team asked District Judge John Temperley to consider not imposing a community work order because of his ongoing charitable work. However Temperley said he was "not convinced" that imposing a large fine "would have the same effect". Rooney was also told to pay 85 pounds ($115) of prosecution costs and a victim surcharge for the same amount.
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