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Court weighing whether graffiti mecca was protected by law
U.S. Legal News | 2017/10/21 01:23
For two decades, Jerry Wolkoff let graffiti artists use his crumbling Queens warehouse complex as a canvas for their vibrant works. Artists gave the spot the name "5Pointz" — a place where all five New York City boroughs come together — but painters traveled from as far as Japan and Brazil to tag, bomb and burn at what became a graffiti mecca and a tourist destination.

But like most graffiti, it didn't last. Wolkoff whitewashed the building in 2013 then tore it down to build luxury apartment towers.

Four years later, some of the artists whose work was destroyed are in court, arguing that even though the building belonged to Wolkoff, the art was protected by federal law.

A trial that started Tuesday at a federal court in Brooklyn will determine whether the artists should be compensated for the lost work.

More than 20 artists sued Wolkoff under the Visual Artists Rights Act, or VARA, a 1990 federal statute that protects artists' rights even if someone else owns the physical artwork.

A trial that started Tuesday at a federal court in Brooklyn will determine whether the artists should be compensated for the lost work.

More than 20 artists sued Wolkoff under the Visual Artists Rights Act, or VARA, a 1990 federal statute that protects artists' rights even if someone else owns the physical artwork.

Barry Werbin, an attorney specializing in intellectual property, said the case is significant because no lawsuit under the statute has been tried by a jury before.


Oregon Supreme Court denies request for information release
Law & Politics | 2017/10/21 01:23
The Oregon Supreme Court has denied a request by The Oregonian Publishing Co. for Oregon Health and Science University to release the names of patients who intend to sue.

The Oregonian/OregonLive reports the court ruled on Thursday that the information is protected from public disclosure under the federal Health Insurance Portability and Accountability Act.

The company that publishes the Portland newspaper in 2011 sought a list of names of those who planned to sue the university, which is a public institution that receives taxpayer money. The list would have included patients, students, employees, contractors and visitors.

Lower courts ordered the university to release the information, but it appealed to the state Supreme Court. State attorneys filed a brief in support of the newspaper’s position.



Court, for now, blocks immigrant teen's access to abortion
Law & Politics | 2017/10/21 01:22
An appeals court is blocking, for now, an abortion sought by a pregnant 17-year-old immigrant being held in a Texas facility, ruling that the government should have time to try to release her so she can obtain the abortion outside of federal custody.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia issued its ruling Friday hours after arguments from lawyers for the Trump administration and the teenager. The court ruled 2-1 that the government should have until Oct. 31 to release the girl into the custody of a sponsor, such as an adult relative in the United States. If that happens, she could obtain an abortion if she chooses. If she isn't released, the case can go back to court.

The judge who dissented wrote that the court's ruling means the teen will be forced to continue an unwanted pregnancy for "multiple more weeks."

The teen, whose name and country of origin have been withheld because she's a minor, is 15 weeks pregnant. She entered the U.S. in September and learned she was pregnant while in custody in Texas.

She obtained a court order Sept. 25 permitting her to have an abortion. But federal officials have refused to transport her or temporarily release her so that others may take her to have an abortion. A lower federal court ruled that she should be able to obtain an abortion Friday or Saturday, but the government appealed.

Federal health officials said in a statement that for "however much time" they are given they "will protect the well-being of this minor and all children and their babies" in their facilities.


Court extends house arrest for Russian theater director
Lawyer Blog News | 2017/10/19 01:23
A court in Russia's capital ruled Tuesday to extend the house arrest of a widely revered theater and film director.

Kirill Serebrennikov was detained and put under house arrest in August in a criminal case that sent shockwaves across Russia's art community and raised fears of return to Soviet-style censorship.

Moscow's Basmanny District Court decided to keep Serebrennikov under house arrest until Jan. 19 per investigators' request.

Investigators have accused him of scheming to embezzle about $1.1 million in government funds allocated for one of his productions and the projects he directed between 2011 and 2014.

Serebrennikov has dismissed the accusations as absurd.



High court to hear appeal in Newtown gun maker lawsuit
Business Law Info | 2017/10/17 01:23
The appeal of a decision to dismiss a wrongful death lawsuit against the maker of the rifle used in the 2012 Newtown school shooting is headed to Connecticut's highest court next month.

The state Supreme Court will begin hearing arguments Nov. 14 in the civil case brought against North Carolina-based Remington Arms by some of the Newtown victims' families.

A Superior Court judge dismissed the case last year. At issue were exceptions to a federal ban on most lawsuits against gun makers. The judge rejected the families' argument that the suit is allowed under the exceptions.

Newtown shooter Adam Lanza used a Remington-made, AR-15-style rifle to kill 20 children and six educators.



Court agrees to take on US-Microsoft dispute over emails
U.S. Legal News | 2017/10/14 01:24
The Supreme Court agreed Monday to take on a major dispute over the government's authority to force American technology companies to hand over emails and other digital information sought in criminal probes but stored outside the U.S.

The justices intervened in a case of a federal drug trafficking investigation that sought emails that Microsoft keeps on a server in Ireland. The federal appeals court in New York said that the emails are beyond the reach of a search warrant issued by an American judge.

The Trump administration and 33 states told the court that the decision is impeding investigations into terrorism, drug trafficking, fraud and child pornography because other courts are relying on the ruling in preventing U.S. and state authorities from obtaining information kept abroad.

The case is among several legal clashes that Redmond, Washington-based Microsoft and other technology companies have had with the government over questions of digital privacy and authorities' need for information to combat crime and extremism.

Privacy law experts say the companies have been more willing to push back against the government since the leak of classified information detailing America's surveillance programs.

The case also highlights the difficulty that judges face in trying to square decades-old laws with new technological developments. In urging the high court to stay out of the case, Microsoft said Congress needs to bring the law into the age of cloud computing.

In 2013, federal investigators obtained a warrant under a 1986 law for emails from an account they believe was being used in illegal drug transactions as well as identifying information about the user of the email account.



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