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Court Vacates $1.8M Ventura Award in 'American Sniper' Case
Court Issues |
2016/06/13 18:05
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A federal appeals court on Monday threw out a $1.8 million judgment awarded to former Minnesota Gov. Jesse Ventura, who says he was defamed in the late author Chris Kyle's bestselling book "American Sniper."
The 8th U.S. Circuit Court of Appeals rejected the jury's 2014 award of $500,000 for defamation and $1.3 million for unjust enrichment against Kyle's estate. Kyle, a former SEAL who was the deadliest sniper in U.S. military history with 160 confirmed kills, died in 2013.
The majority of the three-judge panel reversed the unjust-enrichment award, saying it fails as a matter of law. The majority also vacated the defamation award, but sent that portion of the case back to court for a new trial.
Messages left with Ventura's publicist and attorney were not immediately returned Monday. A message left with an attorney for Kyle's estate also did not immediately return a message seeking comment.
Kyle claimed in a subchapter called "Punching Out Scruff Face," to have decked a man, whom he later identified as Ventura, during a fallen SEAL's wake at a California bar in 2006. He wrote that "Scruff Face" had made offensive comments about the elite force, including a remark that the SEALs "deserve to lose a few" in Iraq.
Ventura, a former Underwater Demolition Teams/SEAL member and ex-pro wrestler, testified at trial that Kyle's story was a fabrication. Ventura said he never made the comments and that the altercation never happened. He said the book ruined his reputation in the tight-knit SEAL community.
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British court gives 22 life sentences to pedophile
Court Issues |
2016/06/08 15:58
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A court in Britain has sentenced a former schoolteacher to 22 life sentences for child abuse after using his position teaching English in Malaysia to gain access to victims.
Judge Peter Rook sentenced 30-year-old freelance photographer Richard Huckle on Monday to serve a minimum of 25 years for 71 offenses against children aged between six months and 12 years from 2006 to 2014.
The National Crime Agency arrested Huckle in 2014 and found 20,000 indecent images on his computer, 1,117 of which showed him raping and abusing children in his care. Huckle also created a 60-page "how to" guide for other pedophiles seeking to evade getting caught. He also kept a scorecard tallying the number of children abused.
Huckle groomed children while posing as a Christian English teacher and philanthropist.
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Police union defends ex-officer in black musician's death
Court Issues |
2016/06/03 15:59
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The police union defended a former officer charged in the fatal shooting of a legally armed black man, saying they believe the officer identified himself before the confrontation.
Former Palm Beach Gardens officer Nouman Raja has been charged with manslaughter and attempted murder in the Oct. 18 death of Corey Jones. Raja's bail was set at $250,000 during his first court appearance Thursday.
Palm Beach County Police Benevolent Association President John Kazanjian said the union believes Raja, who was fired after the shooting, identified himself before confronting Jones on an Interstate 95 ramp before dawn.
Charging documents said Raja, who was investigating a string of auto burglaries, did not identify himself before opening fire. He was driving an unmarked cargo van with no police lights and was in civilian clothes: a tan T-shirt, jeans, sneakers and a baseball cap, the documents said. |
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High court sides with property owners in wetlands case
Court Issues |
2016/05/31 23:13
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The Supreme Court is making it easier for landowners to bring a court challenge when federal regulators try to restrict property development due to concerns about water pollution.
The justices ruled unanimously Tuesday that a Minnesota company could file a lawsuit against the U.S. Army Corps of Engineers over the agency's determination that its land is off limits to peat mining under the Clean Water Act.
The ruling is a win for property rights and business groups that said it was unfair for government agencies to decide what land is subject to complex environmental laws without a court ever deciding whether the agency is right.
It was the second time in four years that the high court sided with property owners against the government in a dispute over the right to challenge a designation of protected wetlands.
The Obama administration argued that the Hawkes Company could only contest the finding by seeking a permit, an expensive process that could take years to resolve. The company said it should be able to challenge the order immediately in federal court without having to spend more than $100,000 on a permit or risk hefty fines.
Writing for the court, Chief Justice John Roberts said the Corps' decision was the kind of final decision that carries a risk of major criminal and civil penalties if landowners don't go along. He said property owners shouldn't have to wait for the agency to "drop the hammer in order to have their day in court."
The case began when the East Grand Forks, Minnesota, company planned to expand its peat processing operations and asked the Corps for guidance. The agency issued a determination that the property was governed by the Clean Water Act because it affected the Red River of the North about 120 miles away.
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