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General Law and Lawsuits

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RTH10260
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Re: General Law and Lawsuits

#51

Post by RTH10260 »

Judge Orders Apple to Ease Restrictions on App Developers
The decision could have major implications for thousands of businesses that pay Apple billions of dollars each year.

Jack Nicas
By Jack Nicas
Sept. 10, 2021 Updated 12:26 p.m. ET

A federal judge on Friday said Apple can no longer force developers to use its payment system in their apps, a move that will allow companies to avoid Apple’s commission of up to 30 percent on some app sales.

The order could upend the economics of a $100 billion online market and is a major setback for Apple, which counts on revenue from its App Store to fuel its expansive profits.

The order came as part of the ruling in a prominent legal case between Apple and Epic Games, the maker of the popular game Fortnite that sued Apple last year over its App Store policies.

In the ruling, Judge Yvonne Gonzalez Rogers of U.S. District Court for the Northern District of California said that Apple violated California’s laws against unfair competition. But she ruled in favor of Apple on other counts, including that Epic breached its contract with Apple when it allowed Fortnite users to pay it directly, instead of via Apple, inside of its iPhone app last year.

The decision could have a major ripple effect across the digital economy. If Epic prevails after expected appeals, companies would have a new way to avoid the App Store commission, which runs as high as 30 percent. The change would be a boon to the bottom lines of businesses that say they are forced to share too much of their sales with Apple.


https://www.nytimes.com/2021/09/10/tech ... opers.html?


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Tiredretiredlawyer
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Re: General Law and Lawsuits

#52

Post by Tiredretiredlawyer »

https://kdvr.com/news/local/jury-delibe ... ed-murder/
Former NFL player guilty on all counts in 2019 shooting

A jury has found former Denver Broncos player Justin Bannan guilty on all counts in his 2019 shooting of a woman in Boulder, according to the attorney for the victim, Stewart Cables.

Bannan was charged with the following: attempted first-degree murder after deliberation, attempted first-degree murder with extreme indifference; first-degree assault causing serious bodily injury with a deadly weapon; first-degree assault with extreme indifference; possession of a weapon on school grounds, and four crime of violence sentence enhancers.

Bannan was inside a Boulder building that housed his business when he shot a woman, referred to as Ashley Marie in court, who worked at another business in the same building. At the time, police said the former NFL player shot the 36-year-old in the shoulder because he thought the Russian mafia was after him, according to accusations in court documents. Bannan is accused of waiting inside a room and shooting the woman as she opened a door after arriving at work.

“He’s got his rolled up $20 bill with presumptive positive cocaine on him in his pocket at the time of his arrest,” Adrian Van Nice, with the Boulder County District Attorney’s office said.

Prosecutors brought out evidence Friday, two handguns they say Bannan had in a duffle bag, the double dose of Adderall they said he took the day of the shooting and a $20 bill they say had cocaine on it, collected during his arrest.




"Mickey Mouse and I grew up together." - Ruthie Tompson, Disney animation checker and scene planner and one of the first women to become a member of the International Photographers Union in 1952.
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Tiredretiredlawyer
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Re: General Law and Lawsuits

#53

Post by Tiredretiredlawyer »

https://www.motherjones.com/politics/20 ... stroy-you/
California to Become First State to Ban Nonconsensual Condom Removal—or “Stealthing”
A new law would empower survivors to sue in civil court.

California is on the cusp of becoming the first state to outlaw “stealthing,” the depressingly common practice of removing a condom during sex without verbal consent.

Earlier this week, lawmakers sent Gov. Gavin Newsom a bill that would add stealthing to California’s civil definition of sexual battery. That would give people a chance to sue perpetrators for damages in civil court, but it would not change the criminal code or allow them to go to prison. Lawmakers approved the measure unanimously.

Assemblymember Cristina Garcia, who sponsored the bill, said it would help hold assailants accountable for the deceitful practice. In addition to increasing the risk of sexually transmitted infections and unwanted pregnancies, stealthing is considered by many activists to be a form of rape, since victims never consented to having sex without protection. “It makes it clear that ‘stealthing’…isn’t just immoral, but it’s illegal,” Garcia wrote on Twitter about the bill.

“It makes it clear that ‘stealthing’…isn’t just immoral, but it’s illegal.”
The term stealthing has long been used within the gay community, often referring to HIV-positive men who purposefully try to infect someone else without their knowledge during sex. But stealthing became more widely recognized as a problem in 2017, after then-law student Alexandra Brodsky (author of the book Sexual Justice) published a Columbia Journal of Gender and Law paper about people who nonconsensually remove condoms during sex. It happens more often than you’d think: Subsequent studies in 2019 in the United States and Australia found that anywhere from 12 to 32 percent of women in a certain age range had experienced stealthing, along with 10 to 19 percent of men.





"Mickey Mouse and I grew up together." - Ruthie Tompson, Disney animation checker and scene planner and one of the first women to become a member of the International Photographers Union in 1952.
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Maybenaut
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Re: General Law and Lawsuits

#55

Post by Maybenaut »

AndyinPA wrote: Mon May 17, 2021 11:30 am https://apnews.com/article/durst-trial- ... d8cb862194
LOS ANGELES (AP) — It took nearly 15 years for police to arrest New York real estate heir Robert Durst in the killing of his best friend and another five to bring him to trial. After just two days of testimony, jurors were sent home when the coronavirus closed courthouses.

On Monday, more than 14 months later, the jury is returning to Los Angeles County Superior Court to see if they can complete their assignment. If so, it could be a first for the U.S. legal system.

The length of the stoppage is unprecedented and it’s the highest-profile U.S. case postponed because of the pandemic, Durst’s lawyers say. They have repeatedly — and unsuccessfully — sought a mistrial because they argued the delay harmed his chance of a fair trial.

Durst, 78, has pleaded not guilty to murdering his friend Susan Berman, who was shot in the back of the head in her Los Angeles home in December 2000. Prosecutors say he silenced Berman before she could tell police she helped him cover up the killing of his wife, Kathie, in New York in 1982.
Durst was convicted. Sorry no link.


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AndyinPA
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Re: General Law and Lawsuits

#56

Post by AndyinPA »

:thumbsup:


“To argue with a person who has renounced the use of reason is like administering medicine to the dead.” – Thomas Paine
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Re: General Law and Lawsuits

#57

Post by Uninformed »

“Robert Durst convicted: US millionaire found guilty of first-degree murder”:
https://www.bbc.co.uk/news/world-us-canada-58605688


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AndyinPA
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Re: General Law and Lawsuits

#58

Post by AndyinPA »

Uninformed wrote: Fri Sep 17, 2021 8:20 pm “Robert Durst convicted: US millionaire found guilty of first-degree murder”:
https://www.bbc.co.uk/news/world-us-canada-58605688
Thank you!


“To argue with a person who has renounced the use of reason is like administering medicine to the dead.” – Thomas Paine
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Phoenix520
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Re: General Law and Lawsuits

#59

Post by Phoenix520 »

Finally! :faint:


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noblepa
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Re: General Law and Lawsuits

#60

Post by noblepa »

AndyinPA wrote: Fri Sep 17, 2021 9:05 pm
Uninformed wrote: Fri Sep 17, 2021 8:20 pm “Robert Durst convicted: US millionaire found guilty of first-degree murder”:
https://www.bbc.co.uk/news/world-us-canada-58605688
Thank you!
My wife watched the entire trial on Court TV. The prosecutor almost blew it. He kept asking questions that the judge had told him not to ask. He went way over the time that the judge allowed him for cross-examining Durst, who took the stand in his own defense. He asked the same questions over and over again. The judge did nothing about this.

The prosecutor was generally an ass, who, IMHO, ran a serious risk of alienating the jury and causing them to acquit, as the prosecution did in O.J. Simpson's murder trial.

I think that the reason they jury convicted Durst, in spite of (not because of) the prosecutor, was that Durst, for all his frail old man theatrics, came across as someone who thought he was the smartest one in the room and it showed.


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RTH10260
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Re: General Law and Lawsuits

#61

Post by RTH10260 »

A federal agent tried to shoot an innocent man. Will the Supreme Court allow accountability?

Institute for Justice209,892 views18 Sept 2021

What does it take to hold federal police accountable for using excessive force? That question is once again being raised with cases being appealed to the U.S. Supreme Court. And it’s coming to the Justices in the form of a petition from Kevin Byrd, a Texas mechanic who was almost shot to death by a federal officer in a dispute over a purely personal matter.

Kevin is not fighting alone. The Institute for Justice (IJ) represents him in his U.S. Supreme Court appeal. And three groups of exceptional scholars and cross-philosophical public policy organizations are supporting him with friend-of-the-court briefs in which they urge the Justices to take up Kevin’s case.
https://ij.org/case/federal-police-immu ... petitions/



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neonzx
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Re: General Law and Lawsuits

#62

Post by neonzx »

federal officer in a dispute over a purely personal matter.
What was the personal matter? It's not disclosed.


W. Kevin Vicklund
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Re: General Law and Lawsuits

#63

Post by W. Kevin Vicklund »

neonzx wrote: Mon Sep 20, 2021 7:43 am
federal officer in a dispute over a purely personal matter.
What was the personal matter? It's not disclosed.
From what I read, Fed was trying to stop an investigation into his son for drunk driving? It was a bit vague.


W. Kevin Vicklund
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Re: General Law and Lawsuits

#64

Post by W. Kevin Vicklund »

From the link above:
Finally, the court decided that Kevin Byrd could not sue Department of Homeland Security Agent Ray Lamb. As captured by a security camera, Lamb stopped Kevin in a parking lot, pointed a gun at him, threatened to “blow his head off”—even going so far as to pull the trigger of his loaded gun that jammed—and used his federal badge to have Kevin arrested, even though Kevin did nothing illegal. Lamb was trying to prevent Kevin from investigating a drunk driving incident involving the agent’s son.


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raison de arizona
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Re: General Law and Lawsuits

#65

Post by raison de arizona »

Spicey and Vought file suit over their dismal dismissal!
:snippity:
President Biden has no statutory authority to terminate Mr. Spicer’s and Mr.
Vought’s appointments to the Board. The statute governing the Board provides for staggered threeyear terms, and it makes no provision or allowance for at-will presidential removal based on political affiliation or otherwise. See Wiener v. United States, 357 U.S. 349 (1958); Humphrey’s Executor v. United States, 295 U.S. 602, 623–24 (1935); In re Hennen, 38 U.S. 230, 260 (1839).
32. President Biden has no constitutional authority under Article II to terminate Mr.
Spicer’s and Mr. Vought’s appointments to the Board because it is a purely advisory nonpartisan
entity that does not wield any executive power. See Humphrey’s Executor, 295 U.S. 602; Seila
Law LLC v. Consumer Financial Protection Bureau, 140 S. Ct. 2183, 2199–2200 (2020).
33. President Biden’s threatened terminations of Mr. Spicer and Mr. Vought are therefore ultra vires, unlawful, violate plaintiffs’ due process rights, and should be enjoined.
34. Mr. Spicer and Mr. Vought bring their claims for relief under, inter alia, 5 U.S.C.
§ 704, 28 U.S.C. § 2201, and Larson v. Domestic & Foreign Commerce Corp., 337 U.S. 682, 689–
91 (1949).
DEMAND FOR RELIEF
35. Mr. Spicer and Mr. Vought respectfully request the following relief:
a. A declaration that defendants lack authority to terminate Mr. Spicer’s and Mr.
Vought’s appointments to the Board.
b. An order holding unlawful and setting aside any action that terminates or threatens to terminate Mr. Spicer’s and Mr. Vought’s appointments.
c. A temporary restraining order and preliminary and permanent injunctions preventing defendants from removing Mr. Spicer and Mr. Vought from the Board and
restoring their appointments to the Board if the President purports to remove them
before this Court has the opportunity to act.
d. An award of their costs and attorneys’ fees.
e. Such other and further relief the Court deems just, proper, or equitable.
https://storage.courtlistener.com/recap ... 57.1.0.pdf


"I am the shadow on the moon at night, filling your dreams to the brim with fright."
Uninformed
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Re: General Law and Lawsuits

#66

Post by Uninformed »



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Tiredretiredlawyer
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Re: General Law and Lawsuits

#67

Post by Tiredretiredlawyer »

https://mailchi.mp/free.law/free-law-pr ... 3197e341ed
Free Law
Developed in collaboration with Harvard Law Library Innovation Lab, we have a new and wildly powerful tool for extracting citations from text.

We have a free new tool called X-Ray that helps find bad redactions in PDFs. Courts and filers have no more excuses for messing up redactions.

We have a new website! If you want to learn what we're about, now's a great time. https://free.law/

The judicial branch dropped a huge internal assessment of the PACER/CM/ECF system with tons of gory details.

We released a big new tagging system for dockets. It's really neat!

At around 1,000 pages in length, the longest case ever appears to be U.S. v. Philip Morris USA.

You can now subscribe to dockets on CourtListener via RSS.


"Mickey Mouse and I grew up together." - Ruthie Tompson, Disney animation checker and scene planner and one of the first women to become a member of the International Photographers Union in 1952.
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Tiredretiredlawyer
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Re: General Law and Lawsuits

#68

Post by Tiredretiredlawyer »

https://www.cbsnews.com/news/activision ... 8-million/
Activision Blizzard to pay $18 million to settle allegations of sexual harassment

The complaint emerged from a three-year investigation into Activision that determined female employees were often assigned lower-paying jobs, faced barriers to promotion and were more likely to be fired, DFEH said.

EEOC officials said they found similar misconduct during their three-year investigation of Activision. As part of the settlement, The company will hire an EEOC-approved outside administrator charged with ensuring the $18 million award is distributed to eligible workers, according to the settlement documents. Activision admitted no wrongdoing under the agreement.

In a statement, Activision CEO Bobby Kotick apologized to employees who experienced discrimination and said he's working to make the company "one of the world's most inclusive, respected and respectful workplaces."


"Mickey Mouse and I grew up together." - Ruthie Tompson, Disney animation checker and scene planner and one of the first women to become a member of the International Photographers Union in 1952.
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Re: General Law and Lawsuits

#69

Post by Uninformed »

A thread, courtesy of Stonekettle.



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Re: General Law and Lawsuits

#70

Post by Volkonski »



“If everyone fought for their own convictions there would be no war.” ― Leo Tolstoy, War and Peace
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RTH10260
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Re: General Law and Lawsuits

#71

Post by RTH10260 »

Didn't know that "private judges" existed that operate under state jurisdiction (in California) but are permitted to skip scrutiny. From some Googleing I learn that they may perform especially family matters like divorce. More?
Private Judge Daren Calls the Police and Locks the Court

5 Oct 2021
Susan Bassi

Sunnyvale police called by fake judge when we try to see private judge records at law offices of Michael Smith. The Santa Clara County Courts have shadow hearings and secret dockets before attorneys acting as private judges with full immunity and power of a public court judge.

If you know of someone who has been harmed by a private judge, or have information and a tip for this partnership and ongoing investigation. Please fill out this survey: https://www.youtube.com/redirect?event= ... 2Fviewform



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bob
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Re: General Law and Lawsuits

#72

Post by bob »

There are "pro tem" judges, who are actually attorneys appointed by the court to serve as a judge in a temporary capacity.

They hear cases where there isn't a right to a jury trial, such as family law.

None of this secret or unknown. And a person working in a judicial capacity unsurprisingly receives judicial immunity (to deter disgruntled litigants from suing them for adverse rulings).

Basically, this sounds like a dissatisfied customer.

This person being pestered is a receptionist, who clearly has no idea about the complaints being made. Unsurprising that the police were called.


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RTH10260
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Re: General Law and Lawsuits

#73

Post by RTH10260 »

thanks for the clarification.


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Re: General Law and Lawsuits

#74

Post by Tiredretiredlawyer »

https://abcnews.go.com/Travel/wireStory ... d-80541053
Alexander Hamilton letter at center of legal fight returned
A letter written by founding father Alexander Hamilton during the Revolutionary War has been returned to the state of Massachusetts


The letter was reputedly stolen between 1938 and 1945 by a “kleptomaniacal cataloguer” who worked at the archives, according to the court decision.

Hamilton wrote the letter to the Marquis de Lafayette, a French aristocrat who served as a general in the Continental Army. Dated July 21, 1780, the letter resulted in Massachusetts sending troops to Rhode Island “to bolster the embattled French forces,” the appeals court wrote.

Galvin, whose office oversees the archives and the Commonwealth Museum, said he was pleased the court ruled “that this historical treasure belongs to the people.” The letter is expected to be put on display at the museum for special events, including the annual Independence Day celebration, Galvin said.

The letter from Hamilton, the first Secretary of the Treasury whose profile has soared because of the hit Broadway musical, appears to detail the movements of British forces.


"Mickey Mouse and I grew up together." - Ruthie Tompson, Disney animation checker and scene planner and one of the first women to become a member of the International Photographers Union in 1952.
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AndyinPA
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Re: General Law and Lawsuits

#75

Post by AndyinPA »

Off Topic
Got tickets for Hamilton in February! :dance: :clap:


“To argue with a person who has renounced the use of reason is like administering medicine to the dead.” – Thomas Paine
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