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Appeals court: Apple must submit to imposition of monitor
Attorney News | 2015/06/01 23:02
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.





Man kills his lawyer, judge, co-defendant in Milan court
Attorney News | 2015/04/15 15:49
A real estate developer on trial for fraudulent bankruptcy fired 13 shots inside the Milan Tribunal on Thursday, killing his lawyer, a co-defendant and a judge, eluding court security before being captured 25 kilometers away.

The shooting raised concerns about security at Italy's courthouses, where much of the surveillance has been outsourced to private contractors, and about Italy's ability to protect visitors during the Milan Expo 2015 world's fair, which opens May 1 and is expected to attract 20 million visitors over six months.

Premier Matteo Renzi pledged a robust investigation into how the gunman, identified as Claudio Giardiello, managed to bring a pistol into the monumental Fascist-era tribunal, where defendants and other visitors are required to pass through metal detectors, but accredited court officials, including lawyers, are not.

"Our commitment is that this never happens again, and that those responsible pay," Renzi said.

The chief federal prosecutor in Milan, Edmondo Bruti Liberati, told reporters it appeared Giardiello may have used a fake document to enter through the only pedestrian entrance not equipped with a metal detector and intended only for use by accredited court officials. He said the metal detectors at the other entrances were in good working order.

Bruti Liberati praised law enforcement, who apprehended Giardiello at a shopping center more than an hour after the shooting. They had identified the license plate on his motor bike with video surveillance cameras and tracked his arrival in Vimercate, some 25 kilometers (15 miles) from the scene in the heart of Milan.

Prosecutors said Giardiello, 57, was still armed with a loaded pistol and intended to kill another business partner whom he blamed for a failed real estate venture.


Battle flag at center of Supreme Court free speech case
Attorney News | 2015/03/23 10:47
Texas commemorates the Confederacy in many ways, from an annual celebration of Confederate Heroes Day each January to monuments on the grounds of the state Capitol in Austin. Among the memorials is one that has stood for more than a century, bearing an image of the Confederate battle flag etched in marble.

But you're out of luck if you want to put that flag on your license plate. Texas says that would be offensive.

Now the Supreme Court will decide whether the state can refuse to issue a license plate featuring the battle flag without violating the free-speech rights of Texans who want one. The justices hear arguments Monday in a challenge brought by the Texas division of the Sons of Confederate Veterans.

The group sued over the state's decision not to authorize its proposed license plate with its logo bearing the battle flag, similar to plates issued by eight other states that were members of the Confederacy and Maryland.

The First Amendment dispute has brought together some unlikely allies, including the American Civil Liberties Union, anti-abortion groups, Americans United for Separation of Church and State, civil libertarian Nat Hentoff and conservative satirist P.J. O'Rourke.


NC Supreme Court considers status of private school vouchers
Attorney News | 2015/02/16 13:08
The state Supreme Court is about to decide whether millions of dollars in taxpayer money that started flowing this year to pay student tuition at private and religious schools continues for a second year.

The state's highest court hears arguments Tuesday on a ruling last summer that the Opportunity Scholarships program violates the state constitution because religious schools can discriminate based on faith. Wake County Superior Court Judge Robert Hobgood also said privately run K-12 schools are not required to meet state curriculum standards.

Supreme Court justices showed they're in a hurry to decide whether private school vouchers will continue by latching on to the case early. Parents are already looking ahead and the deadline for them to submit scholarship applications for the next academic year is March 1.

So far, more than $4.2 million has paid for 1,200 students to attend 216 private schools around the state, according to the State Education Assistance Authority. That's a fraction of the 5,500 students whose families sought one of the scholarships, said Darrell Allison, who heads a group that advocates for expanding the program. Three out of four applicants for the vouchers, which pay private schools up to $4,200 per child per year to schools that admit them, were minority students.

"There are literally thousands of families who are looking forward to their day in court — desperately hopeful for a favorable ruling," Allison, president of Parents for Educational Freedom in North Carolina, said in a statement.

The program opened this year to families whose income qualified their children for free or discounted school lunches, a ceiling of about $44,000 for a family of four. Eligibility increases for the year starting in August as the ceiling rises to nearly $59,000 per family.

Opponents of the voucher law complain that it violates the constitution because money from collected taxes goes to religious schools that have the option of ruling out students who don't follow their faith's beliefs, turning away the disabled or refusing the children of gay parents.


Brother of murder victim attacks defendant in court
Attorney News | 2015/02/04 10:54
The brother of a murder victim has been arrested after authorities say he attacked his sister's killer in Onslow County court.

Authorities say 26-year-old Alfonso Law of Acworth, Georgia, has been charged with contempt of court, assault on a government official, simple assault, and disorderly conduct.

News outlets report that Law charged at 26-year-old Pernell Jones on Monday as Jones pleaded guilty to second-degree murder in the death of 15-year-old Anita Law.

After Jones admitted to killing the teenager, Law rushed at him and both men ended up on the floor before deputies pulled them apart,

Jones was sentenced to between 16 and 20 years in prison.

Alfonso Law goes before Judge Charles Henry on the contempt charge Thursday. It was not immediately known if he had an attorney.


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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
 
 
 

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