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Former FIFA official to challenge life ban at sports court
Business Law Info |
2019/06/11 21:14
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Former FIFA Council member Kwesi Nyantakyi will challenge his life ban from soccer for financial corruption at the Court of Arbitration for Sport next month.
The court says the hearing is on July 4. Verdicts typically follow within a few months.
Nyantakyi was filmed by a Ghanaian television program accepting $65,000 in cash from undercover reporters posing as businessmen seeking favors.
He resigned days before the 2018 World Cup as the senior vice president of African soccer's governing body and president of Ghana's soccer federation.
Nyantakyi also left FIFA's ruling committee, which paid an annual $250,000 stipend. He was one of Africa's elected delegates since 2016.
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Court rejects new sex assault trial for prep school grad
Business Law Info |
2019/06/08 04:14
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New Hampshire's Supreme Court on Friday denied a request for a new trial for an elite prep school graduate who argued the failures of his star-studded legal team resulted in his conviction for using a computer to lure an underage student for sex.
Owen Labrie, 23, of Tunbridge, Vermont, was acquitted in 2015 of raping a 15-year-old classmate as part of "Senior Salute," a game of sexual conquest, at St. Paul's School in Concord, New Hampshire. But he was found guilty of a felony computer charge and several misdemeanor counts of sexual assault and endangering the welfare of a child. The computer law says no one shall knowingly use a computer online service "to seduce, solicit, lure, or entice a child" to commit sexual assault.
In its 3-0 ruling Friday, the court dismissed arguments from Labrie's attorney that his trial lawyers were ineffective for failing to mount a defense against the computer charge, including arguing that his use of the school's intranet network did not constitute computer services under the law or effectively communicate that Labrie had no intention of having sex with Chessy Prout when he sent her the messages. |
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Kevin Spacey appears at court for hearing in groping case
Business Law Info |
2019/06/02 23:45
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Sporting a gray suit and glasses, Kevin Spacey appeared Monday at a Massachusetts courthouse where a judge is set to hold a hearing in the case accusing the disgraced actor of groping a young man at a Nantucket bar in 2016.
Spacey’s appearance comes somewhat as a surprise as he was not required to attend the hearing and has stayed away from the courthouse except for a brief hearing in January, which he also tried to avoid.
The 59-year-old former “House of Cards” actor, who has pleaded not guilty to a charge of indecent assault and battery, did not comment as he walked in with his lawyers. Spacey faces up to 2 ½ years in jail if convicted.
Spacey’s attorneys have stepped up their attacks on the credibility of the man who brought the allegations. In court documents filed Friday, defense attorney Alan Jackson accused the man of deleting text messages that support Spacey’s claims of innocence.
It’s the only criminal case that has been brought against the two-time Oscar winner since his career fell apart amid a flurry of sexual misconduct allegations in 2017.
The case first came to light that year when former Boston TV anchor Heather Unruh said Spacey got her son drunk and then sexually assaulted him at the Club Car, a popular restaurant and bar on the resort island off Cape Cod. |
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High court sides with Crow tribe member in hunting dispute
Business Law Info |
2019/05/19 04:48
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The Supreme Court on Monday sided with a member of the Crow tribe who was fined for hunting elk in Wyoming's Bighorn National Forest, giving him a good chance to get a more than $8,000 fine against him overturned.
The case the justices decided 5-4 is a win for Clayvin Herrera and his tribe, which had argued they had hunting rights in the forest.
Herrera's case began in 2014 when he went hunting with family. The group began on the Crow tribe's reservation in southern Montana but crossed into the neighboring Bighorn National Forest in Wyoming, where they killed several elk.
Soon after, a game warden saw photos Herrera posted on a bragging website for hunters, including one of him crouched in the snow behind an elk he shot and another with its antlers balanced on his shoulders. The game warden ultimately identified the area where the photos were taken in the Bighorn National Forrest, and Herrera was cited for killing an elk there during the winter, when it is prohibited.
But Herrera, backed by the federal government, argued that when his tribe gave up land in present-day Montana and Wyoming under an 1868 treaty, the tribe retained the right to hunt on the land, including land that became Wyoming's Bighorn National Forest.
The state of Wyoming had argued that the Crow tribe's hunting rights ceased to exist after Wyoming became a state in 1890 or after Bighorn National Forest was established in 1897. But the Supreme Court disagreed, with Justice Neil Gorsuch joining his four liberal colleagues - justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan - in ruling for Herrera.
The court's four other justices said they would have ruled that a prior case settled that Crow tribe members like Herrera don't have an unrestricted right to hunt and fish in the Bighorn National Forest and are subject to the game laws of Wyoming. |
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Apps cost too much? Court allows suit adding to Apple’s woes
Business Law Info |
2019/05/14 22:53
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Consumers can pursue a lawsuit complaining that iPhone apps cost too much, the Supreme Court ruled on Monday, adding to Apple’s woes that already include falling iPhone sales and a European investigation.
The lawsuit could have major implications for the tech giant’s handling of the more than 2 million apps in Apple’s App Store, where users get much of the software for their smartphones. While most of those apps are free to download, some impose fees for people to use the software and subscribe to the services.
In those cases, Apple charges a commission of 30%, a practice that the lawsuit contends unfairly drives up the price for the apps. Justice Brett Kavanaugh wrote the majority opinion that agreed the antitrust lawsuit can move forward in a lower court.
The court’s four liberal justices joined Kavanaugh, one of President Donald Trump’s two high court appointees, to reject a plea from Apple to end the lawsuit at this early stage. The decision did not involve the merits of the suit.
Apple argues it’s merely a pipeline between app developers and consumers, and that iPhone users have no claims against Apple under antitrust law and a 1977 Supreme Court decision. Tens of thousands of developers create the software and set the price, Apple says.
“We’re confident we will prevail when the facts are presented and that the App Store is not a monopoly by any metric,” Apple said in statement issued in response to Monday’s ruling. The lawsuit could take years to wind to its conclusion. |
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A loophole could keep young terror suspects out of US courts
Business Law Info |
2019/05/07 17:14
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The Justice Department's ability to charge minors for supporting terrorist groups has been hampered by a 2018 Supreme Court decision, forcing prosecutors to hand off at least one such case to local authorities in a state without anti-terrorism laws.
The court's decision in a case unrelated to terrorism opened a loophole that could allow young supporters of groups like the Islamic State to skate on charges from the federal government.
The legal gap was highlighted by the case of Matin Azizi-Yarand , who was sentenced in a Texas state court last month after plotting to shoot police officers and civilians at a suburban shopping mall in an Islamic State-inspired rampage planned to coincide with the Muslim holiday of Ramadan.
In most cases like this, federal prosecutors would have brought terrorism charges. But U.S. prosecutors in Texas didn't charge Azizi-Yarand because he was 17 at the time and considered a minor under federal law.
Federal law allows prosecutors to charge anyone supporting or working with a State Department-designated terror group, even if the person was not in contact with the group. But to charge a juvenile with providing material support to a foreign terrorist organization, the attorney general would have to determine that the suspect committed what's known as a "crime of violence" under federal law.
The Supreme Court struck down part of that law last year, finding it too vague to be enforced in the case of a Philippine man who was facing deportation over burglary convictions. Justice Neil Gorsuch joined the court's more liberal judges, finding that the law crossed constitutional boundaries and that the law was not specific enough because it failed to adequately define what would be a violent crime. |
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