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Court: Idaho woman can't challenge fetal pain law
Court News |
2012/09/14 12:15
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A federal appeals court on Tuesday ended an Idaho woman's challenge of a law banning some abortions that might cause fetal pain, saying she didn't have legal standing to contest it because she wasn't charged with that crime.
The development came in a broader lawsuit filed by Jennie Linn McCormack, who is believed to be the first person in the nation to sue over bans on conducting abortions after 20 weeks of pregnancy based on the premise that the fetus might feel pain. Idaho and several other states have the bans.
However, the court didn't close the door on all challenges to the fetal pain law. McCormack's lawyer, who is also a doctor and her co-plaintiff in the lawsuit, can still fight the ban in federal courts.
The appellate court also ruled Tuesday that some other Idaho abortion laws are likely unconstitutional, including one barring medication-induced abortions.
The decision was largely a win for McCormack, a Pocatello resident who sued Bannock County Prosecutor Mark Hiedeman after she was charged in May 2011 with having an illegal abortion.
Hiedeman alleged that McCormack used drugs she obtained over the Internet to terminate her pregnancy, which was more than five months along. The law requires that health professionals be involved in ending a pregnancy, and it carries a possible five-year sentence for a conviction. |
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Pa. high court revisits juvenile life sentences
Court Watch |
2012/09/12 12:17
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Pennsylvania's highest court is weighing how to resentence prisoners who were given automatic life sentences as juveniles.
A recent U.S. Supreme Court ruling outlaws mandatory life-without-parole sentences for juveniles.
There are nearly 500 juvenile lifers in Pennsylvania, half from Philadelphia.
The state Supreme Court will hear oral arguments Wednesday morning in a pair of representative cases.
The defendants are Ian Cunningham, serving life for a second-degree murder conviction in Philadelphia, and Qu'Eed Batts, convicted of first-degree murder in Northampton County.
Cunningham's case concerns lifers who have exhausted direct appeals but want to invoke the Supreme Court decision in new filings.
In the Batts case, lawyers will debate what term is appropriate for those sentenced to life without parole.
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Ga. county must $4 million to billboard firm
Court News |
2012/09/07 16:09
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A Georgia county has been ordered to pay more than more than $4 million in damages and attorney fees to a billboard company as part of its ongoing fight to keep billboards out of Atlanta's northern suburbs.
The Atlanta Journal-Constitution reports that the verdict is the latest blow to Fulton County in its long-running legal battle against billboard companies.
A U.S. District Court in Atlanta jury last month awarded the $3.97 million in damages to KH Outdoor, which sued the county in 2003. Last week, a federal judge ordered the county to pay $477,156 in attorneys' fees and expenses to the company's lawyers.
Adam Webb, a lawyer for the billboard company, declined to comment. Fulton County Attorney David Ware said an appeal by the county "remains a viable option."
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NY court protects French shoemaker's red soles
Headline Legal News |
2012/09/05 16:09
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A federal appeals court in Manhattan says the distinctive red soles of Christian Louboutin shoes are entitled to trademark protection.
The 2nd U.S. Circuit Court of Appeals on Wednesday ruled in favor of the French maker of luxury shoes worn by stars such as Sarah Jessica Parker, Scarlett Johansson and Halle Berry.
The court says Louboutin is entitled to protect its brand against red-soled shoes made by competitor Yves Saint Laurent S.A.S., which is also based in Paris.
The U.S. Patent and Trademark Office in 2008 had granted the trademark protection to Louboutin.
Louboutin has applied glossy vivid red to the outsoles of women's shoes since 1992. The shoes sell for up to $1,000 a pair.
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Ohio man pleads not guilty to Pitt threat charges
Legal Interview |
2012/08/31 12:08
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An Ohio man charged with conspiracy for allegedly claiming to be part of the computer hacking group "Anonymous" and posting a YouTube threat to release confidential computer information belonging to the University of Pittsburgh pleaded not guilty on Tuesday.
Alexander Waterland, 24, of Loveland, Ohio, and his attorney declined comment after his 15-minute arraignment before U.S. Magistrate Judge Maureen Kelly.
A federal grand jury earlier this month indicted Waterland and Brett Hudson, 26, of Hillsboro, Ohio, on charges they posted the threats in April and May. Online court records don't list an attorney for Hudson, who is scheduled to be arraigned in Pittsburgh on Sept. 6. Hudson has previously told The Associated Press he won't comment on the charges.
Although Pitt officials later determined their computer information was never hacked, the threats claimed it was and the FBI determined that Waterland and/or Hudson had downloaded some personal information from students and faculty and emailed some of it to Pitt officials to "prove" the hacking had occurred.
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