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'We're Not Cougars,' Women Say In Suit
Court Issues | 2008/09/11 14:11
Three women say their girls' night out ended with a cable TV station setting them up to look like they were trolling for younger men, and then broadcasting the action as "The Great Cougar Hunt."

Christine Torres and Charnette Hildreth say they were celebrating Tammi Tary's birthday at the Chapter Eight dance club when an employee of defendant G4 Media asked if he could videotape them. The women say they refused.

Later, they say, two young men sat down at their table and began talking with them. The women say the men turned out to be paid props whom G4 used to portray them falsely as "cougars," or "sexually cunning 35+ females on the hunt for a much younger energetic male."

At the end of the evening, the women say, G4 employees approached them again, asking them to sign a release consenting to G4's use of their voices and likenesses. The women say they refused.

Eight months later, the women say, they discovered "The Great Cougar Hunt" on G4's cable station. The video portrayed their birthday party as a group of "older women" looking for younger men at a "world famous cougar hot spot."

According to the complaint, the video describes "cougars" as the "easiest, most ravenous" prey for younger men.

The women say they were "not attempting to meet or 'hunt' younger men." They say they do not even date younger men.

The plaintiffs say the defendants have lined their own pockets with a video that has exposed them to "contempt and ridicule and has caused others to shun or avoid (them)."

G4 originally was devoted to gaming programming, but now bills its content as "general male-interest programming."

The women demand punitive damages of at least $1 million. They are represented by Neville Johnson in Superior Court.


EU Court Unfreezes Assets of Saudi Charity
Court Issues | 2008/09/08 14:23
Europe's highest court overturned a decision by the EU governments to freeze the assets of a Saudi businessman and a Sweden-based charity because of their alleged ties to terrorist groups.

The ruling allows judicial review of a regulation by the United Nations Security Council requiring member states to freeze the assets of individuals and organizations with ties to Osama bin Laden, al-Qaida or the Taliban.

But the European Court of Justice said the Security Council should not have deprived Yasin Al-Qadi and the Al Barakaat International Foundation of their property without giving them a chance to defend themselves in court.


NY Judge dismisses challenge to gay marriage recognition
Court Issues | 2008/09/08 14:22
Judge Lucy Billings of the New York State Supreme Court dismissed a lawsuit Tuesday that challenged the decision made by New York Governor David Paterson to recognize out-of-state same-sex marriages. The lawsuit, brought by conservative Christian legal advocacy group Alliance Defense Fund [advocacy website], asked the court to declare that Governor Paterson's May 14, 2008 Executive Directive recognizing such marriages "contravenes New York law" and asked the court to "permanently enjoin the Directive's enforcement, because it exceeds the Governor's lawful authority." In dismissing the lawsuit, Judge Billings wrote
Governor Paterson's Executive Directive dated May 14, 2008, requiring state agencies to recognize same sex marriages legally solemnized in other jurisdictions is consistent with New York's common law, statutory law, and constitutional separation of powers regarding recognition of marriages legally solemnized outside New York. ... The court therefore denies the declaratory and injunctive relief sought by the amended petition and grants respondents' motions to dismiss this proceeding.
Governor Paterson's Executive Directive notes a February decision by an intermediate New York appellate court in Martinez v. County of Monroe  holding that legal same-sex marriages performed outside the state are entitled to recognition in New York. The memo was dated one day before the California Supreme Court overturned a state ban on same-sex marriage in In re Marriage Cases.


Court Chides Judiciary for Relying on Wikipedia
Court Issues | 2008/09/03 14:28
An immigration judge should not have relied on information the Department of Homeland Security gleaned from Wikipedia to bolster its case for denying asylum to an Ethiopian immigrant, the 8th Circuit ruled.

The government used the free online encyclopedia to glean information about the purpose of a laissez-passer, the travel document that petitioner Lamilem Badasa claimed would establish her identity.

The Board of Immigration Appeals stated that it did "not condone or encourage the use of resources such as Wikipedia.com in reaching pivotal decisions in immigration proceedings," but held that the immigration judge's denial of asylum was "supported by enough evidence to find no clear error."

However, Judge Colloton said the immigration judge might not have denied asylum without the use of Wikipedia. The court also reiterated that anyone can edit the entries in the online reference.

"Because the BIA's ultimate conclusion that Badasa failed to establish her identity is not adequately explained," Colloton wrote, "we must remand for further proceedings.


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