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Supreme Court to consider American Express fee dispute
Headline News | 2017/10/21 14:00
The Supreme Court is taking up an appeal by 11 states that argue American Express violated antitrust laws by barring merchants from asking customers to use other credit cards that charge lower fees.

The justices said Monday they would review a ruling by the federal appeals court in New York that sided with American Express.

The case stems from a lawsuit filed by states and the Obama administration in 2010 against American Express, Mastercard and Visa. The lawsuit said that letting merchants steer customers to cards with lower fees for merchants or to other preferred cards would benefit consumers and increase incentives for networks to reduce card fees.

Visa and MasterCard entered into consent judgments in 2011 and stopped their anti-steering rules for merchants while American Express proceeded to trial.

A trial judge ruled against American Express in 2015, but the appeals court reversed that ruling last year.

The Trump administration said it agreed with the states, but still urged the Supreme Court to reject the case. The administration said the justices should let the issue percolate in the lower courts.

The 11 states that joined the appeal are Connecticut, Idaho, Illinois, Iowa, Maryland, Michigan, Montana, Ohio, Rhode Island, Utah and Vermont.

Other states that were part of the original lawsuit are Arizona, Missouri, Nebraska, New Hampshire, Tennessee and Texas.

The court will hear argument in Ohio v. American Express, 16-1454, during the winter.



Supreme Court opens pivotal term with Trump nominee in place
Headline News | 2017/09/25 13:56
Disputes over a wedding cake for a same-sex couple and partisan electoral maps top the Supreme Court's agenda in the first full term of the Trump presidency. Conservatives will look for a boost from the newest justice, Neil Gorsuch, in a year that Justice Ruth Bader Ginsburg has said will be momentous.

President Donald Trump's travel ban appears likely to disappear from the court's docket, at least for now. But plenty of high-profile cases remain.

The justices will hear important cases that touch on gay rights and religious freedoms, the polarized American electorate, the government's ability to track people without search warrants, employees' rights to band together over workplace disputes and states' rights to allow betting on professional and college sporting events.

Last year, "they didn't take a lot of major cases because they didn't want to be deadlocked 4-to-4," said Eric Kasper, director of the Center for Constitutional Studies at the University of Wisconsin-Eau Claire. "This year, that problem doesn't present itself."

Gorsuch quickly showed he would be an ally of the court's most conservative justices, Clarence Thomas and Samuel Alito, most recently joining them in objecting to the court's decision to block an execution in Georgia.

While justices can change over time, Gorsuch's presence on the bench leaves liberals with a fair amount of trepidation, especially in cases involving the rights of workers.

The very first case of the term, set for arguments Monday, could affect tens of millions of workers who have signed clauses as part of their employment contracts that not only prevent them from taking employment disputes to federal court, but also require them to arbitrate complaints individually, rather than in groups.


Court: State, Not Counties Accountable for Poor School Funds
Headline News | 2017/09/20 16:05
A North Carolina appeals court says students and parents still fighting for sufficient school funding decades after they were guaranteed the right to a sound, basic education should make demands of the governor and legislators, not county officials.

A divided state Court of Appeals ruled Tuesday that schoolchildren can't sue Halifax County commissioners over funding for the county's segregated public school districts.

Lawyers say though substandard Halifax County Schools' buildings sometimes force students to walk through sewage to reach their lockers, they get less local tax dollars than the majority white Roanoke Rapids schools.

Judges split 2-1 in ruling that local families should take their problems to Raleigh. The dissenting judge said counties can be sued since the legislature assigned them responsibility for funding buildings and supplies.



Toys R Us files for Chapter 11 reorganization
Headline News | 2017/09/19 16:06
Toys R Us, the pioneering big box toy retailer, has announced it has filed for Chapter 11 bankruptcy protection while continuing with normal business operations.

A statement by the Wayne, New Jersey-based company late Monday says it voluntarily is seeking relief in U.S. Bankruptcy Court for the Eastern District of Virginia in Richmond - and that its Canadian subsidiary is seeking similar protection through a Canadian court.

Toys R Us says court-supervised proceedings will help restructure its outstanding debt and reorganize for long-term growth.

The company says separate operations outside the U.S. and Canada, including more than 250 licensed stores and a joint venture partnership in Asia, are not part of the filings.

It emphasizes that its approximately 1,600 locations will remain open, that it will continue to work with suppliers and sell merchandise.




Rooney gets road ban after pleading guilty to drunk driving
Headline News | 2017/09/18 16:06
Former England captain Wayne Rooney pleaded guilty to drunk driving on Monday, leading to a court imposing a two-year driving ban and ordering him to perform 100 hours of unpaid community work.

The Everton striker was stopped by police outside Manchester on Sept. 1 while driving someone else's car.

Rooney was three times above the legal limit for driving with alcohol in the body, the hearing at Stockport Magistrates' Court was informed as the 31-year-old player entered his guilty plea.

"Following today's court hearing I want publicly to apologize for my unforgivable lack of judgment in driving while over the legal limit. It was completely wrong," Rooney said in a statement.

"I have already said sorry to my family, my manager and chairman and everyone at Everton FC. Now I want to apologize to all the fans and everyone else who has followed and supported me throughout my career."

A breathalyzer test showed Rooney's alcohol level was 104 micrograms in 100 milliliters of breath. The driving limit in England and Wales is 35 micrograms per 100 milliliters of breath.



Palestinian court extends activist's detention by 4 days
Headline News | 2017/09/08 06:38
A Palestinian court has extended the detention of a prominent activist who criticized the autonomy government of President Mahmoud Abbas.

Farid al-Atrash, the lawyer of Issa Amro, said Thursday that the court had extended his client's detention for four days.

He says Amro is being held under a recent edict that allows the government to crack down on social media critics. In a Facebook post, Amro criticized the detention of a local journalist who called for Abbas' detention.

"This is a black day in the history of the Palestinian judicial system and for Palestinian freedom of expression," al-Atrash said.

Amro was detained on Monday and has been on a hunger strike since then. Amro, 35, also faces charges in an Israeli military court. His trial is to resume in October.



France: Court finds topless photos violated royal’s privacy
Headline News | 2017/09/07 13:39
A French court ruled Tuesday that photographers and gossip magazine executives violated the privacy of Britain’s Duchess of Cambridge by taking and publishing photographs of the former Kate Middleton sunbathing topless.

The court in a Paris suburb fined two executives of French gossip magazine Closer — owner Ernesto Mauri and executive editor Laurence Pieau — each the maximum of 45,000 euros ($53,500) for such an offense.

The Closer executives, along with two photographers for a celebrity photo agency, were collectively ordered to pay 50,000 euros ($59,500) in damages to Kate and the same amount to her husband, Prince William.

The damage award was substantially below the figure that the magazine’s lawyer said the royals had requested, but the timing of the court’s finding of privacy invasion had particular resonance in Britain.

Last week marked the 20th anniversary of the death of William’s mother, Princess Diana, who was killed in a Paris car accident that occurred while she was being pursued by paparazzi.

The royal couple did not attend the hearing where the verdict was announced. Their office at Kensington Palace said they were pleased the court ruled in their favor and now consider the matter closed.

Kate and William “wished to make the point strongly that this kind of unjustified intrusion should not happen,” the palace said in a statement.



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