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'Dirty soda' Utah court battle ends with legal settlement
Court Line |
2017/11/07 08:54
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Two Utah chains that sell flavor-shot-spiked "dirty sodas" have settled their court battle over the sugary concept that's grown increasingly profitable in a state where sugar is a common vice, according to court documents filed Tuesday.
Soda shops Sodalicious and Swig will pay their own expenses, court papers said. The documents offer no details of the settlement terms and attorneys for the two sides did not return messages seeking comment.
Swig had accused competitor Sodalicious of copying the trademarked "dirty" idea, down to the frosted sugar cookies sold alongside the sweet drinks spiked with flavor shots, fruit purees and cream.
Both shops are known for their soda mixology. Swig's concoctions include the Tiny Turtle, which is Sprite spiked with green apple and banana flavors.
Swig sued in 2015 for damages and an order blocking Sodalicious from using words and signs similar to theirs. A trial had been set for this week, but it was on hold during settlement negotiations.
Sodalicious fought back, saying dirty is a longtime moniker for martinis and other drinks. They said tongue-in-cheek nicknames for concoctions like "Second Wife" make their business distinctly different.
Other sodas on their menu include the Rocky Mountain High, made with cherry and coconut added to Coke.
The court fight unfolded as the sweet drinks grew increasingly popular and profitable in a majority-Mormon state where sugar is a popular indulgence.
Both shops have more than a dozen locations across Utah, and have also expanded into the suburbs of Phoenix. |
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Connecticut Governor Will Get His 6th Supreme Court Pick
Attorney News |
2017/11/05 07:53
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When Gov. Dannel P. Malloy makes his pick for the next Connecticut chief justice, the Democrat will have nominated six of the seven people serving on the state's highest court — a rare feat in the history of the governorship.
Lawyers and other legal affairs observers say the court is rarely partisan, focusing mostly on interpretations of state law that often result in 7-0 rulings.
Occasionally, though, a case comes along that exposes an ideological rift, as it did in a 4-3 ruling that abolished the state's death penalty in 2015 when the majority and minority criticized each other in dueling opinions. Two cases currently before the court may also expose such a rift — a lawsuit against gunmaker Remington Arms in connection with the 2012 Newtown school massacre and a lawsuit challenging the way the state funds local education.
"They're not as controversial as you see at the federal level," said Proloy Das, a Hartford-based lawyer who chairs the appellate practice group at the Murtha Cullina law firm. "Our values aren't all that different across the state."
Das and other observers say the biggest impact of the Malloy nominations may be increased diversity on the court.
Malloy-nominated Justices Richard Robinson and Raheem Mullins are black. Newly appointed Justice Maria Araujo Kahn is one of two full-time female justices, joining soon-to-be-retiring Chief Justice Chase Rogers, who was nominated by Republican former Gov. M. Jodi Rell. And Justice Andrew McDonald, also picked by Malloy, is the court's first openly gay member. |
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Supreme Court passes on taking John Madden Football case
Court Watch |
2017/11/03 07:53
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A contest for Supreme Court tops the ballot Tuesday in Pennsylvania's general election.
An appointed justice, Republican Sallie Mundy, is looking to keep her seat for a full 10-year term. Her opponent is Democrat Dwayne Woodruff, a former Pittsburgh Steeler who's now an Allegheny County judge.
Four seats on the Superior Court are also being contested. A ballot question asks whether the Legislature should have the authority to let counties, municipalities and school districts exclude up to the full value of residents' homes from taxation.
In Allentown, Democrat Ed Pawlowski is seeking a fourth term despite his indictment on corruption charges. He faces Republican real estate developer Nat Hyman. Pawlowski has denied wrongdoing.
In Philadelphia, civil rights attorney Larry Krasner, a Democrat, and career prosecutor Beth Grossman, a Republican, are vying to succeed former District Attorney Seth Williams, sentenced last month to prison for corruption.
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Inmate asks Arkansas high court to halt upcoming execution
Court Watch |
2017/11/02 07:53
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An Arkansas inmate scheduled to receive a lethal injection this week asked the state's highest court Monday to halt his execution amid his attorneys' claims that he doesn't understand why he is to be put to death.
Attorneys for Jack Greene asked the state Supreme Court to issue an emergency stay of execution. Greene is scheduled to be executed Thursday night for the 1991 death of Sidney Burnett, who was beaten with a can of hominy, stabbed and later shot.
Greene's attorneys asked for the stay while they appeal a lower court's dismissal of their lawsuit challenging an Arkansas law giving the state's top prison official the authority to determine whether Greene is competent to be executed. Greene's attorneys say he suffers from psychotic delusions, and say the inmate believes the attorneys and prison officials have conspired to torture him.
The judge who dismissed the suit said the law had already been upheld as constitutional and that she didn't have the authority to stay the execution.
The filing cited the court's decision to halt the execution of another inmate, Bruce Ward, in April over similar claims about his mental competency.
"The court should not allow the state to avoid the substantial questions presented here by executing Greene before the court can address them — as it has already committed itself to do in another case," Greene's attorneys said in Monday's filing. |
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Illinois to require veterans courts across the state in 2018
Legal Focuses |
2017/10/30 01:51
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A law passed last year requires every judicial circuit in Illinois to have a veterans treatment court starting Jan. 1.
The courts allow veterans who were honorably discharged to plead guilty to a crime in exchange for a probation sentence, The Chicago Tribune reported. The sentence requires frequent court visits and mental health or substance abuse treatment.
Veterans can also apply to have their records expunged upon completing the sentence. Those who use the courts typically face lower level felonies.
Supporters say the program will help those who risked their lives for their country.
Army veteran Gregory Parker enrolled in the Lake County Veterans Treatment and Assistance Court after his fourth drunken driving arrest resulted in a felony reckless driving charge. Parker graduated from the program in about 18 months. He's quit drinking and continues to go to therapy.
"I finally find myself enjoying things in life I've never enjoyed before," he said.
But some wonder if every community has the resources or the need for a court dedicated to veterans.
Some rural communities may only have a few veterans moving through the court system, said Michelle Rock, executive director of the Illinois Center of Excellence for Behavioral Health and Justice, which provides support for treatment courts statewide.
"We know that it may not be cost-effective for every county in the state to have one," she said.
Before the new law, Kane County officials weighed the need for a veterans court with the availability of resources and decided against offering the court, said Court Administrator Doug Naughton.
The overall court system should be improved, instead of offering one group more options, said Ed Yohnka, spokesman for the ACLU of Illinois.
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