Category Archives: Supreme Court

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Blog, Business Law, Civil Rights, Legal News, Supreme Court

Yelp Issues Consumer Alert On Business Pages That Threaten Legal Action Against Reviewers

NEW YORK (CBSNewYork) — Yelp is trying to ease consumers’ worries about posting a negative review of a business online.

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CBS2’s Alice Gainer reported Yelp issued a new type of consumer alert of the pages of businesses that have threatened customers with legal action.

The alert reads in part: “This business may be trying to abuse the legal system in an effort to stifle free speech. Reviewers who share their experiences have a First Amendment right to express their opinions on Yelp.”

Last summer, Dr. Nima Dayani, an endodontist, filed a defamation lawsuit against a reviewer after the patient called the doctor “curt” and “dismissive,” said there was a long wait time and gave a three-star review. However, the reviewer also stated the doctor was genuinely interested in finding a cause of the pain.

It wasn’t the first time Dayani sued a reviewer.

In a statement, Dayani said he readily accepts criticism, but when he sees a review that contains an assertion that he says is not true, he first asks the reviewer to take it down, and if they don’t, then he takes legal action.

Dayani’s listing on Yelp is the third to get this kind of consumer alert.

A Texas pet sitting service and a Florida moving company also have them. Michelle Douchouquette and her husband were sued when Prestigious Pets in Dallas said the couple violated a non-disparagement clause.

“When I say it out loud, saying I’m getting sued up to $1 million over this review, I can’t believe it,” she said. “I don’t think it was hateful. It didn’t have bad intent. It’s my opinion of a business.”

Civil rights attorney Normal Siegel said what Yelp is doing is a good thing.

“We need to encourage people to speak their mind,” Siegel said.

However, Siegel added that reviewers must be stating the “absolute truth.”

“When you’re speaking your mind make sure what you’re saying is the absolute truth,” he said. “It it’s not truthful, they do run a risk that a business can claim their reputation has been injured and they could bring a defamation lawsuit, although it’s hard to win a defamation lawsuit.”

Siegel also said that Yelp should change its wording of the alerts and take out First Amendment.

“Because the First Amendment is only applicable to government action, so when you’re dealing with a private business the First Amendment doesn’t kick in,” he said. “What kicks in is our concept of the right to express yourself.”

Two bills have been introduced in Congress: the “Right to Yelp Bill,” also known as the Consumer Review Fairness Act, and the Speak Free Act. It would prevent businesses from suing over negative reviews.

Full Read – http://newyork.cbslocal.com/2016/07/26/yelp-consumer-alert/

Blog, Business Law, Criminal, Legal News, Organized Crime, Supreme Court

Extortionist to appeal prison sentence in Las Vegas sex tapes case

By JEFF GERMAN
LAS VEGAS REVIEW-JOURNAL

Ernesto Ramos is appealing his 366-day prison sentence for using sex tapes to extort $200,000 from a wealthy businessman.

His lawyer, Kathleen Bliss, filed notice late Thursday that she would be asking the 9th U.S. Circuit Court of Appeals in San Francisco to review the sentence handed down by Chief U.S. District Judge Gloria Navarro two weeks ago.

Ramos’ previous lawyer, Gabriel Grasso, disclosed at the sentencing that the unidentified married businessman had offered Ramos money to keep his identity secret for the rest of his life, just days before Ramos pleaded guilty in November.

But Grasso, who said he kept his distance from the settlement talks, told Navarro that his client believed the offer was made to pressure Ramos into taking a guilty plea. Grasso had sought probation for Ramos.

Bliss, a former longtime federal prosecutor, called the civil negotiations at the sentencing a “reverse extortion” and asked Navarro for more time to present evidence that there was“undue outside influence” over the plea agreement.

But the judge denied the request.

Federal prosecutors have gone to great lengths to protect the identity of the prominent businessman, including obtaining a protective order that keeps his name, initials and company’s name out of court documents.

An FBI complaint identifies the victim only as a married local resident who has two minor children and who is “part-owner of a well-known business” with access to a company jet.

Over a two-year period, the businessman tipped a stripper, who was Ramos’ girlfriend, about $200,000 to dance and have sex with him in a private room at an adult nightclub, the criminal complaint said.

The dancer, who has not been identified, secretly used her cellphone to videotape herself having sex with the businessman in a hotel room during an October 2014 tryst outside the country, according to the complaint.

Ramos acknowledged in his plea agreement that he later tried to extort $200,000 from the businessman with threats that included posting embarrassing sex photos from the tapes on social media.

Both Bliss and Grasso declined comment this week.

Bliss will have about three months to file a brief with the appeals court outlining her arguments for overturning her client’s prison sentence.

Ramos, who is free on his own recognizance, has until Sept. 28 to surrender to federal prison authorities.

Sourced From – http://www.reviewjournal.com/crime/extortionist-appeal-prison-sentence-las-vegas-sex-tapes-case

Blog, Criminal, Legal News, Supreme Court

Jury will come from Charleston area in Dylann Roof’s federal trial

BY SAM TYSON AND STACY JACOBSON MONDAY, JULY 18TH 2016

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CHARLESTON, S.C. (WCIV) — In what one attorney called a victory for jurors during a trial that is expected to last months – through the holiday season – and possibly into next year, a U.S. District Court judge agreed with Dylann Roof’s defense team to pick a jury from the greater Charleston area.

That means some 1,500 people will be called on jury duty in Roof’s federal hate crimes trial in November, and they will all come from an area of the state south of Georgetown.

“It’s a win for the jurors,” said attorney Andy Savage, who is serving as a counselor to the survivors and victims’ families during Roof’s state and federal trials.

“Everybody is going to have heard about this case,” Savage said. “The issue is if… they can set that aside in this case and look at facts and circumstances presented in the courtroom.”

Tyrone Sanders, the father of one of the victims and husband of one of the survivors of the Emanuel AME attack, said he’s satisfied with the decision.

“Since it happened here, I think people here would feel more inclined to make sure this guy gets what he deserves,” Sanders said.

The defense also agreed not to file for a change of venue later this year.

Judge Richard Gergel also settled several ongoing issues in the case, including how much access the government can have to Roof’s mental health history and the details of his mental evaluation.

Roof’s chief counsel David Bruck, who defended Dzhokhar Tsarnaev in the Boston bomber trial, asked to have the case-specific jury questionnaire handled by attorneys, but Gergel said in the South Carolina federal district it’s court-directed. That means Gergel will put together a list of specific questions that attorneys will use to disqualify potential jurors in November before arguments begin.

Still hanging out there waiting for a decision is whether the defense will be allowed to have someone in the room during Roof’s mental evaluation conducted by the government’s expert.

The defense wants to be present, but the U.S. government is pushing for something less, like an audio or video recording of the interaction.

Gergel said he wanted to hear more from the attorneys on the matter and told them to file more specific arguments within the next five days.

Read Full Article – http://abcnews4.com/news/emanuel-ame-shooting/jury-will-come-from-charleston-area-in-dylann-roofs-federal-trial

Blog, Business Law, Civil Rights, Legal News, Supreme Court

Lawsuit: White Prof Axed After Insisting Black Student Do Her Homework Properly

Former City University of New York adjunct professor John Trujillo claims in a new lawsuit the school abruptly fired him after running afoul of a black student he insisted do her homework precisely as instructed.

Trujillo, who taught political science at the Borough of Manhattan Community College, part of the CUNY system, told the New York Post that despite multiple prior positive evaluations they just “threw me away like a piece of trash,” he tells the New York Post.

In his federal race discrimination claim ,Trujillo says that he was treated “differently from and less favorably than” non-white employees. In 2014, Trujillo upbraided a black student in class who turned in an assignment on a 3 X 5 index card instead of the required 4 X 6.  The budding young scholar responded by calling him a “dick.”

After another confrontation Trujillo had her booted from the classroom by security. He says another black student then left in solidarity and vowed, “I’m going to write a letter, I’m going to take you down.”

And she did, complaining the professor was a racist who said all blacks are on welfare. Trujillo was suddenly given an “unsatisfactory” evaluation.

In the course of what sounds like a sham investigation, administrators refused to interview a black student who offered to defend him against the bias charges and explain that his detractors were outright lying.

He was fired from the $25,000 part-time job in February 2015.  Trujillo’s lawyer, Marshall Bellovin, told the Post he “didn’t get a fair and impartial investigation and accounting of the facts.  It was open and shut apparently from the start.”

But his legal battle is still uphill, according to one veteran civil rights lawyer with no liberal ideological axe to grind.  Even though Trujillo was obviously railroaded he needs to offer specific evidence that similarly situated non-whites were treated differently and more leniently. In addition, he needs to prove that CUNY fired him solely for being white, as opposed to just the typical unwillingness of college administrators to offend loud and whiny students, especially when they make wild accusations of bigotry.

In fact, one administrator who investigated Trujillo said she found the charges of anti-black bias bogus.

But whatever the legal outcome Trujillo’s saga is good reminder that in Barack Obama’s America some allegations of racism are so serious innocence is no defense.

Read more: http://dailycaller.com/2016/07/11/lawsuit-white-prof-axed-after-insisting-black-student-do-her-homework-properly/#ixzz4EBPtK2SC

Blog, Business Law, Civil Rights, Family, Legal News, Personal Injury, Supreme Court

Duluth diocese sues insurers to cover abuse lawsuits

Mark Reilly Managing Editor Minneapolis / St. Paul Business Journal

The Diocese of Duluth, which entered bankruptcy proceedings after a $4.9 million verdict in a child sexual abuse case, wants to ensure that its insurance companies help pay the bill.

The Duluth News-Tribune reports that the diocese is suing five insurance companies— Liberty Mutual Group, Catholic Mutual Relief Society of America, Fireman’s Fund Insurance Co., Church Mutual Insurance Co. and Continental Insurance Co. — to compel them to participate in a mediation process between the church and 125 people who have filed abuse claims.

The diocese filed for bankruptcy last December. It’s facing many claims apart from the already-announced $4.9 million verdict and has an annual budget of just $3.3 million.

The lawsuit against insurers is similar to one filed by the Archdiocese of St. Paul and Minneapolis, which is also in bankruptcy and sued its insurance companies in 2014, accusing them of improperly rejecting its claims to cover the cost of the church’s settlement with victims of clergy sex abuse.

Read Full Article – http://www.bizjournals.com/twincities/news/2016/07/05/duluth-diocese-sues-insurers-to-cover-abuse.html