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Court: Private email exempt from open records law
Legal Focuses |
2014/04/03 21:15
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A California appeals court has ruled that private text messages, emails and other electronic communications sent and received by public officials on their own devices are not public records regardless of the topic.
The 6th District Court of Appeal in San Jose ruled last week that the state's Public Records Act doesn't extend to officials' private devices.
The California Supreme Court is expected to be asked to step in and settle this long-simmering debate.
State laws do require the communications of elected officials and other officials involving public issues to be retained and turned over upon request.
Since the coming of email, activists and others in the state have been battling at all levels of government over whether public issues discussed on private devices with personal accounts are covered by the Public Records Act. Similar legal battles and political debates have sprung up across the country as well.
The March 27 ruling reverses a lower court decision in favor of environmental activist Ted Smith, who sought access to messages sent on private devices through private accounts of the San Jose mayor and City Council members
Smith's attorney James McManis said he will ask the state Supreme Court to review the case. If the high court refuses to take it, the appeals court ruling will stand. |
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Another Apple-Samsung skirmish heads to court
Legal Focuses |
2014/03/31 21:41
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The fiercest rivalry in the world of smartphones is heading back to court this week in the heart of the Silicon Valley, with Apple and Samsung accusing each other, once again, of ripping off designs and features.
The trial will mark the latest round in a long-running series of lawsuits between the two tech giants that underscore a much larger concern about what is allowed to be patented.
"There's a widespread suspicion that lots of the kinds of software patents at issue are written in ways that cover more ground than what Apple or any other tech firm actually invented," Notre Dame law professor Mark McKenna said. "Overly broad patents allow companies to block competition."
The latest Apple-Samsung case will be tried less than two years after a federal jury found Samsung was infringing on Apple patents. Samsung was ordered to pay about $900 million but is appealing and has been allowed to continue selling products using the technology.
Now, jury selection is scheduled to begin Monday in another round of litigation, with Apple Inc. accusing Samsung of infringing on five patents on newer devices, including Galaxy smartphones and tablets. In a counterclaim, Samsung says Apple stole two of its ideas to use on iPhones and iPads.
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Michigan won't recognize same-sex marriages
Legal Focuses |
2014/03/28 16:28
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Michigan won't recognize more than 300 same-sex marriages performed last weekend before a court halted a decision that opened the door to gay nuptials, Gov. Rick Snyder said Wednesday.
The announcement came a day after an appeals court indefinitely stopped any additional same-sex marriages. It will likely take months for the court to make its own judgment about whether a Michigan constitutional amendment that says marriage only is between a man and a woman violates the U.S. Constitution.
U.S. District Judge Bernard Friedman struck down the gay marriage ban Friday.
Four counties took the extraordinary step of granting licenses Saturday before the 6th U.S. Circuit Court of Appeals ordered a temporary halt. The stay was extended indefinitely on Tuesday.
Snyder acknowledged same-sex couples "had a legal marriage." But because of the court's stay, he added, the gay marriage ban has been restored.
The governor's move closes the door, at least for now, to certain benefits reserved solely for married couples. The American Civil Liberties Union said more than 1,000 Michigan laws are tied to marriage.
"We did our own homework and I believe this is a reasonable legal position to take based on the available literature and law," Snyder told reporters.
Other elected officials have urged the Obama administration to recognize the marriages for federal benefits. The U.S. Justice Department, which previously said it was monitoring the situation, did not immediately comment after Snyder's announcement. |
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Court OKs massive development north of Los Angeles
Legal Focuses |
2014/03/24 19:19
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A California court has cleared the way for a massive housing development in the Santa Clarita Valley.
The Los Angeles Times reports Thursday's decision by the 2nd District Court of Appeal restores a permit issued by the Department of Fish and Wildlife that granted the Newhall Land and Farming Co. permission to alter the Santa Clara River as part of construction.
The court found that an environmental report adequately analyzed the project's potential impact on endangered fauna and flora and Native American cultural artifacts.
The newspaper says the ruling does not end the legal challenges. Jason Weiner, an attorney with the nonprofit Wishtoyo Foundation, says an appeal to the California Supreme Court is likely.
The Newhall Ranch project includes a planned community of 60,000 residents about 35 miles north of Los Angeles. |
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Court: Tenn. Must Recognize 3 Same-Sex Marriages
Legal Focuses |
2014/03/17 20:45
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A federal judge ordered the state of Tennessee on Friday to recognize the marriages of three same-sex couples while their lawsuit against the state works its way through the court system.
U.S. District Judge Aleta Trauger issued the preliminary injunction barring the state from enforcing laws prohibiting recognition of their marriages.
In her written memorandum, Trauger makes clear that her order is only temporary and only applies to the three same-sex couples. A preliminary injunction can only be granted in cases the judge believes the plaintiff will likely win.
"It's the first nail in the coffin of discriminating against same-sex married couples in Tennessee," said Abby Rubenfeld, one of the attorneys for the same-sex couples. "Every single court that has considered these same issues has ruled the same way."
A spokesman for Tennessee Gov. Bill Haslam said in an email that Trauger's decision is still being reviewed by officials.
"The governor is disappointed that the court has stepped in when Tennesseans have voted clearly on this issue," David Smith said. "Beyond that it's inappropriate to comment due to the continuing litigation."
In Tennessee, marriage between partners of the same gender is prohibited by state law and by a constitutional amendment approved in 2006. |
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