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US court grants new appeal hearing for Buju Banton
Trending Legal Issues | 2014/08/22 11:13
A lawyer for convicted Jamaican reggae star Buju Banton said Tuesday that a U.S. federal appellate court agreed to a new hearing on his latest appeal.

The Grammy-winning singer is serving a 10-year sentence for convictions on cocaine conspiracy and trafficking charges stemming from a 2009 arrest that followed a sting operation. He was convicted in 2011 after his first trial in 2010 ended with jurors deadlocked.

In an email, attorney Charles Ogletree said the 11th U.S. Circuit Court of Appeals in Atlanta had agreed to hear oral arguments on the case.

"Mr. Buju Banton was pleased to learn that the 11th Circuit granted a new hearing of his appeal. We too are looking forward to the appellate argument," said Ogletree, a Harvard University law professor who took over Banton's case in February.

In 2012, a panel of the appellate court upheld Banton's convictions. His former defense lawyer had argued that a government informant improperly entrapped the singer.


Italy court reopens probe into death of Pantani
Trending Legal Issues | 2014/08/07 10:08

Italian prosecutors have reopened an investigation into the death of cyclist Marco Pantani after his family presented evidence contending the former Tour de France winner was murdered.

Pantani, who won both the Giro d'Italia and Tour de France in 1998, was found dead in a Rimini hotel room on Feb. 14, 2004. A coroner ruled the 34-year-old Italian died from a cocaine overdose.

The cyclist's mother, Tonina Pantani, has always claimed her son was murdered, alleging that he was forced to drink a lethal dose of cocaine dissolved in liquid.

"It's an important day, but with a bittersweet taste," Tonina said. "On one side I'm glad, after many years, finally I'm not shouting into the wind anymore. But inside me there's also anger, anger and more anger.

"Why did it take all this time? Why were several things not in their place in 2004 and nobody did anything to give me answers? I'm tired."

Rimini's chief prosecutor, Paolo Giovagnoli, confirmed Pantani's file has been reopened but said it is an "obligatory move" in such matters. He has handed the case to a colleague, Elisa Milocco, who will study the dossier of evidence presented by Pantani's family before returning from holiday in September.


Court kills New Jersey bid to block ocean blasting
Trending Legal Issues | 2014/07/16 12:29
A federal appeals court on Monday cleared the path for seismic testing off the coast of New Jersey that will blast the floor of the Atlantic Ocean with loud noises as part of a climate change research project.

The 3rd Circuit U.S. Court of Appeals rejected New Jersey's request to block the testing off Long Beach Island, which aims to use acoustic research to examine sediment dating back tens of millions of years. The barrier island stretches along the central New Jersey coast for about 18 miles.

Environmentalists, fishing groups and some elected officials oppose the work, saying it could harm or kill marine life including dolphins, turtles and whales. But the groups planning the research say they will do everything possible to minimize disruptions to marine life, including stopping the project when animals are seen nearby.

"Needless to say, we are extremely disappointed with this ruling and the fact that the federal government is pushing it at this time of year," said Larry Hajna, a spokesman for the state Department of Environmental Protection, which had sought a court order to block the testing.


Apple wins EU court case on store design trademark
Trending Legal Issues | 2014/07/11 15:07
The European Union's highest court says Apple's characteristic retail store layout may be registered as a trademark.

The Court of Justice on Thursday overturned a decision by German patent authorities which last year rejected an application to grant copyright protection to Apple's store design — parallel lines of big tables with electronic gadgets spread out on them under a high ceiling.

The Luxembourg-based EU Court said a design pattern like Apple's "may constitute a trademark provided that it is capable of distinguishing the goods or services of one undertaking" from others.

The case will go back for a final decision to Germany's highest patent court which had sought the EU judges' advice.

Apple Inc. successfully registered its store layout as a trademark in the United States in 2010.


California high court to decide defibrillator case
Trending Legal Issues | 2014/06/25 16:04
The California Supreme Court will decide whether large retailers in the state are required to have defibrillators on hand to help treat customers and workers who suffer sudden cardiac arrest.

The high court said it will issue an opinion Monday morning. The devices deliver a jolt of electricity to a stalled heart and help victims recover.

For two decades, an increasing number of public places in the U.S. have been required to have automated external defibrillators on hand, including government buildings, airports and many other public places. A Los Angeles-area family who lost a relative to sudden cardiac arrest while shopping in Target filed a lawsuit to require large retailers to join the list.

During oral arguments in May, a majority of the seven-judge court appeared cool to the idea.


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