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Call of Duty Maker Seeks Dismissal in Texas School Shooting Case
Legal Interview |
2025/09/18 07:56
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A lawyer for the maker of the video game Call of Duty argued Friday that a judge should dismiss a lawsuit brought by families of the victims of the Robb Elementary School attack in Uvalde, Texas, saying the contents of the war game are protected by the First Amendment.
The families sued Call of Duty maker Activision and Meta Platforms, which owns Instagram, saying that the companies bear responsibility for promoting products used by the teen gunman.
Three sets of parents who lost children in the shooting were in the audience at the Los Angeles hearing.
Activision lawyer Bethany Kristovich told Superior Court Judge William Highberger that the “First Amendment bars their claims, period full stop.”
“The issues of gun violence are incredibly difficult,” Kristovich said. “The evidence in this case is not.”
She argued that the case has little chance of prevailing if it continues, because courts have repeatedly held that “creators of artistic works, whether they be books, music, movies, TV or video games, cannot be held legally liable for the acts of their audience.”
The lawsuit, one of many involving Uvalde families, was filed last year on the second anniversary of one of the deadliest school shootings in U.S. history. The gunman killed 19 students and two teachers. Officers finally confronted and shot him after waiting more than an hour to enter the fourth-grade classroom.
Kimberly Rubio, whose 10-year-old daughter Lexi was killed in the shooting, was among the parents who came from Texas to Southern California, where Activision is based, for the hearing.
“We traveled all this way, so we need answers,” Rubio said outside the courthouse. “It’s our hope that the case will move forward so we can get those answers.”
An attorney for the families argued during the hearing that Call of Duty exceeds its First Amendment protections by moving into marketing.
“The basis of our complaint is not the existence of Call of Duty,” Katie Mesner-Hage told the judge. “It is using Call of Duty as a platform to market weapons to minors.”
The plaintiffs’ lawyers showed contracts and correspondence between executives at Activison and gunmakers whose products, they said, are clearly and exactly depicted in the game despite brand names not appearing.
Mesner-Hage said the documents show that they actually prefer being unlabeled because “it helps shield them from the implication that they are marketing guns to minors,” while knowing that players will still identify and seek out the weapons.
Kristovich said there is no evidence that the kind of product placement and marketing the plaintiffs are talking about happened in any of the editions of the game the shooter played.
The families have also filed a lawsuit against Daniel Defense, which manufactured the AR-style rifle used in the May 24, 2022, shooting. Koskoff argued that a replica of the rifle clearly appears on a splash page for Call of Duty.
Josh Koskoff, the families’ Connecticut-based lead attorney, also represented families of nine Sandy Hook Elementary School shooting victims in a lawsuit against gunmaker Remington and got a $73 million lawsuit settlement.
He invoked Sandy Hook several times in his arguments, saying the shooters there and in Uvalde shared the same gaming obsession.
Koskoff said the Uvalde shooter experienced “the absorption and the loss of self in Call of Duty.”
He said that immersion was so deep that the shooter searched online for how to obtain an armored suit that he didn’t know only exists in the game.
Koskoff played a clip from Call of Duty Modern Warfare, the game the shooter played, with a first-person shooter gunning down opponents.
The shots echoed loudly in the courtroom, and several people in the audience slowly shook their heads.
“Call of Duty is in a class of its own,” Koskoff said.
Kristovich argued for Activision that the game, despite its vast numbers of players, can be tied to only a few of the many U.S. mass shootings.
“The game is incredibly common. It appears in a scene on ‘The Office,’” she said. She added that it is ridiculous to assert that “this is such a horrible scourge that your honor has to essentially ban it through this lawsuit.”
Highberger told the lawyers he was not leaning in either direction before the hearing. He gave no time frame for when he will rule, but a quick decision is not expected.
The judge did tell the plaintiffs’ lawyers that their description of Activision’s actions seemed like deliberate malfeasance, where their lawsuit alleges negligence. He said that was the biggest hurdle they needed to clear.
“Their conduct created a risk of exactly what happened,” Mesner-Hage told him. “And we represent the people who are exactly the foreseeable victims of that conduct.”
Meta’s attorneys will make arguments on a similar motion next month.
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Trump seeks Supreme Court order to remove Fed Governor Lisa Cook
Legal Interview |
2025/09/15 07:54
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The Trump administration on Thursday asked the Supreme Court for an emergency order to remove Lisa Cook from the Federal Reserve’s board of governors.
The Republican administration turned to the high court after an appeals court refused to go along with ousting Cook, part of President Donald Trump’s effort to reshape the Fed’s seven-member governing board and strike a blow at its independence.
The White House campaign to unseat Cook marks an unprecedented bid to reshape the Fed board, which was designed to be largely independent from day-to-day politics. No president has fired a sitting Fed governor in the agency’s 112-year history.
Cook, who was appointed to the Fed’s board by President Joe Biden, a Democrat, has said she won’t leave her post and won’t be “bullied” by Trump. One of her lawyers, Abbe Lowell, has said she “will continue to carry out her sworn duties as a Senate-confirmed Board Governor.”
Separately, Senate Republicans on Monday confirmed Stephen Miran, Trump’s nominee to an open spot on the Fed’s board. Both Cook and Miran took part in Wednesday’s vote in which the Fed cut its key interest rate by a quarter-point.
The next opportunity for Cook to cast a vote will be at the meeting of the Fed’s interest rate setting committee, scheduled for Oct. 28-29.
Trump sought to fire Cook on Aug. 25, but a federal judge ruled last week that the removal probably was illegal and reinstated her to the Fed’s board. Trump has accused Cook of mortgage fraud because she appeared to claim two properties, in Michigan and Georgia, as “primary residences” in June and July 2021, before she joined the board. Such claims can lead to a lower mortgage rate and smaller down payment than if one of them was declared as a rental property or second home.
“Put simply, the President may reasonably determine that interest rates paid by the American people should not be set by a Governor who appears to have lied about facts material to the interest rates she secured for herself ? and refuses to explain the apparent misrepresentations,” Solicitor General D. John Sauer wrote in his Supreme Court filing.
But Cook has denied any wrongdoing and has not been charged with a crime. According to documents obtained by The Associated Press, Cook did specify that her Atlanta condo would be a “vacation home,” according to a loan estimate she obtained in May 2021. And in a form seeking a security clearance, she described it as a “2nd home.” Both documents appear to undercut the Trump administration’s claims of fraud.
U.S. District Judge Jia Cobb ruled that the administration had not satisfied a legal requirement that Fed governors can only be fired “for cause,” which she said was limited to misconduct while in office. Cook did not join the Fed’s board until 2022.
Cobb also held that Trump’s firing would have deprived Cook of her due process, or legal right, to contest the firing.
By a 2-1 vote, a panel of the federal appeals court in Washington rejected the administration’s request to let Cook’s firing proceed.
Trump’s lawyers have argued that even if the conduct occurred before her time as governor, her alleged action “indisputably calls into question Cook’s trustworthiness and whether she can be a responsible steward of the interest rates and economy.”
Trump has previously won orders from the court’s conservative majority to fire the presidentially appointed leaders of other independent federal agencies, including the National Labor Relations Board and the Federal Trade Commission, even as legal fights continue.
Those firings have been at will, with no cause given. The Supreme Court has distinguished the Federal Reserve from those other agencies, strongly suggesting that Trump can’t act against Fed governors without cause.
In its new filing to the Supreme Court, the administration is asking Chief Justice John Roberts for a temporary order that would effectively remove Cook from the board and a more lasting order from the whole court that would be in place while her legal case continues. |
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New Orleans mayor pleads not guilty on corruption charges tied to alleged affair
Legal Business |
2025/09/12 06:31
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New Orleans Mayor LaToya Cantrell pleaded not guilty Wednesday to conspiracy, fraud and obstruction charges stemming from an alleged romantic relationship with her bodyguard.
The Democrat appeared in federal court for the first time since a grand jury last month returned an 18-count indictment against Cantrell and her bodyguard, Jeffrey Vappie, outlining what prosecutors described as their yearslong scheme to conceal an affair while the two traveled, wined and dined together on taxpayers’ dime.
U.S. Magistrate Judge Karen Wells Roby ordered the mayor to surrender her passport and restricted her travel, instructing her to seek approval from probation officers to leave southeast Louisiana. Roby also told Cantrell she was not allowed to be in contact with Vappie.
Vappie has already pleaded not guilty to charges of wire fraud and making false statements after he was indicted in July 2024. He is scheduled to appear in court Friday for the additional charges.
Cantrell, the first female mayor in New Orleans’ 300-year history, was elected twice but now becomes the city’s first mayor to be charged while in office in a state with a reputation for public corruption. She has only four months before she leaves office under term limits.
The mayor once known for her outspoken persona has kept quiet about the charges in the weeks since the 18-count indictment against her and Vappie was announced in mid-August. She did not acknowledge the indictment during public appearances to commemorate the 20th anniversary of Hurricane Katrina late last month.
While walking into the court building, Cantrell remained silent as a mob of reporters pressed her with questions. After the arraignment, her attorney, Eddie Castaing, declined to comment on the case but said it would not affect the mayor’s ability to govern the city.
“She can continue to work with city employees, she just couldn’t talk about the case so that’s not going to impede any of the city operations, so it’s business as usual,” Castaing said.
Cantrell, who exited court through a side door to avoid reporters, was already receding into the background of city affairs over the past year and offered no apparent resistance to President Donald Trump’s suggestion earlier this month to send the National Guard and federal agents to New Orleans even as other Democrats bristled.
She’s also been cast as a pariah by U.S. Department of Housing and Urban Development Secretary Scott Turner, who announced on Sept. 3 that Cantrell was suspended from involvement in federal transactions with HUD. The City Council issued a statement last week saying it had reassured the Housing Authority of New Orleans and the Office of Community Development that other city officials could sign federal contracts instead.
At times, she and her allies have said the blowback she is experiencing is tinged by double standards she faces as a Black woman. Cantrell said earlier this year, before to the indictment, that she has faced “very disrespectful, insulting, in some cases kind of unimaginable” treatment.
Cantrell and Vappie used WhatsApp for more than 15,000 messages, where they professed their love and plotted to harass a citizen who helped expose their relationship, delete evidence, make false statements to FBI agents “and ultimately to commit perjury before a federal grand jury,” acting U.S. Attorney Michael Simpson said. Vappie’s 14 trips with Cantrell cost taxpayers $70,000, not including Cantrell’s own travel costs, according to the indictment.
In a WhatsApp exchange, the indictment says, Vappie recalled accompanying Cantrell to Scotland in October 2021 on a dreamy trip “where it all started.”
Cantrell, whose husband died in 2023, has denied having anything more than a professional relationship with Vappie. She lashed out at associates who raised questions about the amount of time she spent with her bodyguard, including on wine-tasting trips and in a city-owned apartment, court records show.
Cantrell joins the ranks of more than 100 people brought up on corruption charges in Louisiana in the past two decades, said Rafael Goyeneche, a former prosecutor who is president of the Metropolitan Crime Commission, a watchdog group.
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Anthropic to pay authors $1.5 billion to settle lawsuit over pirated books
Court Watch |
2025/09/08 06:31
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Artificial intelligence company Anthropic has agreed to pay $1.5 billion to settle a class-action lawsuit by book authors who say the company took pirated copies of their works to train its chatbot.
The landmark settlement, if approved by a judge as soon as Monday, could mark a turning point in legal battles between AI companies and the writers, visual artists and other creative professionals who accuse them of copyright infringement.
The company has agreed to pay authors or publishers about $3,000 for each of an estimated 500,000 books covered by the settlement.
“As best as we can tell, it’s the largest copyright recovery ever,” said Justin Nelson, a lawyer for the authors. “It is the first of its kind in the AI era.”
A trio of authors — thriller novelist Andrea Bartz and nonfiction writers Charles Graeber and Kirk Wallace Johnson — sued last year and now represent a broader group of writers and publishers whose books Anthropic downloaded to train its chatbot Claude.
A federal judge dealt the case a mixed ruling in June, finding that training AI chatbots on copyrighted books wasn’t illegal but that Anthropic wrongfully acquired millions of books through pirate websites.
If Anthropic had not settled, experts say losing the case after a scheduled December trial could have cost the San Francisco-based company even more money.
“We were looking at a strong possibility of multiple billions of dollars, enough to potentially cripple or even put Anthropic out of business,” said Thomas Long, a legal analyst for Wolters Kluwer.
U.S. District Judge William Alsup of San Francisco has scheduled a Monday hearing to review the settlement terms.
Anthropic said in a statement Friday that the settlement, if approved, “will resolve the plaintiffs’ remaining legacy claims.”
“We remain committed to developing safe AI systems that help people and organizations extend their capabilities, advance scientific discovery, and solve complex problems,” said Aparna Sridhar, the company’s deputy general counsel.
As part of the settlement, the company has also agreed to destroy the original book files it downloaded.
Books are known to be important sources of data — in essence, billions of words carefully strung together — that are needed to build the AI large language models behind chatbots like Anthropic’s Claude and its chief rival, OpenAI’s ChatGPT.
Alsup’s June ruling found that Anthropic had downloaded more than 7 million digitized books that it “knew had been pirated.” It started with nearly 200,000 from an online library called Books3, assembled by AI researchers outside of OpenAI to match the vast collections on which ChatGPT was trained.
Debut thriller novel “The Lost Night” by Bartz, a lead plaintiff in the case, was among those found in the dataset. Anthropic later took at least 5 million copies from the pirate website Library Genesis, or LibGen, and at least 2 million copies from the Pirate Library Mirror, Alsup wrote.
The Authors Guild told its thousands of members last month that it expected “damages will be minimally $750 per work and could be much higher” if Anthropic was found at trial to have willfully infringed their copyrights. The settlement’s higher award — approximately $3,000 per work — likely reflects a smaller pool of affected books, after taking out duplicates and those without copyright.
On Friday, Mary Rasenberger, CEO of the Authors Guild, called the settlement “an excellent result for authors, publishers, and rightsholders generally, sending a strong message to the AI industry that there are serious consequences when they pirate authors’ works to train their AI, robbing those least able to afford it.”
The Danish Rights Alliance, which successfully fought to take down one of those shadow libraries, said Friday that the settlement would be of little help to European writers and publishers whose works aren’t registered with the U.S. Copyright Office.
“On the one hand, it’s comforting to see that compiling AI training datasets by downloading millions of books from known illegal file-sharing sites comes at a price,” said Thomas Heldrup, the group’s head of content protection and enforcement. |
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Washington, Oregon and California governors form a health alliance
Court Watch |
2025/09/03 12:52
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The Democratic governors of Washington, Oregon and California announced Wednesday that they created an alliance to safeguard health policies, believing the Trump administration is putting Americans’ health and safety at risk by politicizing the U.S. Centers for Disease Control and Prevention.
The move comes with COVID-19 cases rising and as Health Secretary Robert F. Kennedy Jr. has restructured and downsized the CDC and attempted to advance anti-vaccine policies that are contradicted by decades of scientific research. Concerns about staffing and budget cuts were heightened after the White House sought to oust the agency’s director and some top CDC leaders resigned in protest.
“The CDC has become a political tool that increasingly peddles ideology instead of science, ideology that will lead to severe health consequences,” the governors said in a joint statement.
“The dismantling of public health and dismissal of experienced and respected health leaders and advisers, along with the lack of using science, data, and evidence to improve our nation’s health are placing lives at risk,” California State Health Officer Erica Pan said in the news release.
Washington state Health Secretary Dennis Worsham said public health is about prevention — “preventing illness, preventing the spread of disease, and preventing early, avoidable deaths.”
“Vaccines are among the most powerful tools in modern medicine; they have indisputably saved millions of lives,” Oregon Health Director Sejal Hathi said. “But when guidance about their use becomes inconsistent or politicized, it undermines public trust at precisely the moment we need it most.”
Partnership seeks expert medical advice
The partnership plans to coordinate health guidelines by aligning immunization plans based on recommendations from respected national medical organizations, said a joint statement from Gov. Bob Ferguson of Washington, Gov. Tina Kotek of Oregon and Gov. Gavin Newsom of California.
U.S. Department of Health and Human Services spokesman Andrew G. Nixon shot back in a statement Wednesday that “Democrat-run states that pushed unscientific school lockdowns, toddler mask mandates, and draconian vaccine passports during the COVID era completely eroded the American people’s trust in public health agencies.”
He said the administration’s Advisory Committee on Immunization Practices “remains the scientific body guiding immunization recommendations in this country, and HHS will ensure policy is based on rigorous evidence and Gold Standard Science, not the failed politics of the pandemic.”
Florida announced Wednesday that it plans to phase out all childhood vaccine mandates as Republican Gov. Ron DeSantis plans to curb vaccine requirements and other health mandates during the COVID-19 pandemic.
Meanwhile, public health agencies across the country have started taking steps to ensure their states have access to vaccines after U.S. regulators came out with new policies that limited access to COVID-19 shots.
Illinois Gov. JB Pritzker’s health department said last week it is seeking advice from medical experts and its own Immunization Advisory Committee on COVID-19 vaccines and other immunizations for the fall respiratory season.
The health department plans to provide citizens “with specific guidance by the end of September to help Illinois health care providers and residents make informed decisions about vaccination and protecting themselves and their loved ones,” Health Director Sameer Vohra said in a statement. |
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