Claims he is not public figure to keep records sealed
In Pennsylvania, Cosby defends against the Associated Press’s call to unseal nine-year-old Constand court documents, saying he is not a public figure, there’s no public interest in the case, and that confidentiality should be maintained on materials described as posing a “real, specific threat of serious embarrassment.” After the settlement, AP challenged the sealing of certain motions brought in the case, but they were denied. Now AP is asking for the motions to be disclosed base on a local rule of civil procedure that presumes an unsealing of records after two years unless a judge disagrees. Cosby’s lawyer:
Moreover, unlike a deposition in a typical case, there is a voracious media appetite for Defendant’s deposition, and public release of it would quickly become widespread public knowledge of it. There is no doubt that public disclosure of the motions and Defendant’s sworn deposition testimony, which delves into the most intimate subjects imaginable, would generate a firestorm of publicity.
[Cosby] is not a public official, nor is the relevant information important to public health or safety… Defendant’s status as a well-known comedian and entertainer does not render him a ‘public’ person within the meaning of the law.
AP’s brief:
The defendant is the only party who objects to unsealing the record. However, now that the circumstances that he relied upon to gain preliminary sealing in this matter are nothing more than historic references, bypassed by recent public events, the files at issue should be unsealed.
Adding that Constand has waived her right to anonymity, the various Jane DFoes’ mentioned in her suit have come forward, and that
[Cosby is] unquestionably a public figure [and his conduct] a legitimate matter for public scrutiny.
Upholds health care subsidies
In a 6-3 ruling, justices uphold health care subsidies, based on their finding that critics’ reading of Obamacare might make sense in isolation, but not when viewed in a larger context and in light of the intention of the law. Americans who currently receive subsidies under the Affordable Care Act will continue to do so. Chief Justice Roberts writes for the majority:
Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them. If at all possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter.
He is joined by Justices Breyer, Ginsburg, Kagan, Kennedy and Sotomayor. Justice Scalia presents the dissent, and is joined by Justices Alito and Thomas. Scalia calls the decision “wonderfully convenient,” complains about “interpretative jiggery-pokery” and argues it was not the Court’s job to make up for the sloppy drafting of the law by Congress, branding the law as “SCOTUScare”.
Receives four month sentence
Diamond expresses regret as he receives four months in prison for bar stabbing.
I sincerely apologize to everyone involved. This was the single most terrifying experience of my life. This is all I’ve been able to think about for the last six months.
Sue over cabin air
Four Alaska Airlines flight attendants sue Boeing claiming that the air ventilation systems are sometimes toxic. They claim that the “bleed air” design of the aircraft can expose the cabin air to toxic fumes from the engine, which are used to cycle the air. Their attorney:
We know Boeing has known about this problem since the 1950’s. This was the primary problem that they had to address with this ‘bleed air’ design. And it’s the problem they’ve fixed now with its newest design the 787.
Favors inmate on excessive force claim
In Kingsley v. Hendrickson, a 6-3 ruling makes it easier for pre-trial inmates to bring claims against jail officials for using excessive force, and rules that officers and juries will be held to an objective standard about whether the use of force is reasonable. At issue is the question of whether police officers are permitted to use subjective standards in their use of force force, and whether juries can also be instructed to use subjective standards when determining whether or not excessive force was used in a given case. The ruling makes it clear that objective standards are to be developed and used.
Denies police access to LA hotel registries
In a 5-4 decision, justices strike down a Los Angeles ordinance that requires hotel owners to give the police access to hotel registries without a warrant. The case highlights a reoccurring tension between the need to protect people’s right to privacy while also giving law enforcement the tools it needs to pursue public safety.
Spider-Man Toy precedent upheld
In a 6-3 decision, justices decline to overrule a 50-year-old decision on patent royalties. Stephen Kimble invented a web-shooting toy and obtained a patent on the device in 1991. He sued Marvel Enterprises in 1997, alleging the company used his ideas to create a toy named the Web Blaster without paying him. The two sides settled in 2001, agreeing on terms that included Marvel paying a running 3% royalty rate on sales of the toy. When the patent expired, Marvel asserted that its obligations to pay would end. Lower courts agreed, as did the Supreme Court, saying in a 6-3 decision that Kimble hadn’t presented the court with a compelling “special justification” for abandoning the principle of stare decisis, or sticking with past precedent. Kagan:
What we can decide, we can undecide. But stare decisis teaches that we should exercise that authority sparingly.
Sides with raisin farmers
In an 8-1 decision, the justices rule that a government program meant to increase raisin prices by keeping some of them off the market amounts to an unconstitutional taking of private property by the government. Chief Justice Roberts writes for the majority:
The fact that the growers retain a contingent interest of indeterminate value does not mean there has been no physical taking, particularly since the value of the interest depends on the discretion of the taker, and may be worthless, as it was for one of the two years at issue here.
Justice Sotomayor is the sole dissenting voter. She states that the majority had damaged settled legal principles…
… in a manner that is as unwarranted as it is vague. What makes the court’s twisting of the doctrine even more baffling is that it ultimately instructs the government that it can permissibly achieve its market control goals by imposing a quota without offering raisin producers a way of reaping any return whatsoever on the raisins they cannot sell. I have trouble understanding why anyone would prefer that.
The justices are, however, divided 5-4 on the issue of compensation for the plaintiffs, with Justices Breyer, Kagan and Ginsburg joining in the dissent.
Weapons charge bond set at $1m
Appearing on video link, Judge Gosnell sets Roof’s bail at $1 million for the weapon-possession charge. A superior court judge must set bail for the murder charges.
Relatives of the shooting victims also speak at the hearing, with the daughter of victim Ethel Lance sobbing as she says, “I forgive you.” The mother of Tywanza Sanders tells Roof that “every fiber in my body hurts.” “Their legacies will live in love, so hate won’t win,” says Alana Simmons, the granddaughter of Rev. Daniel Simmons.
Confesses, charged
Roof confesses that he is responsible for the shootings, and is charged with nine counts of murder and one count of illegal weapons possession. Roof tells police that he almost didn’t go through with the shootings because everyone was so nice to him, but he decided he had to “go through with his mission.” Roof’s cell at the detention facility is next to Michael Slager, the white South Carolina officer charged with murder for shooting Walter Scott, an unarmed black man.
Arrested
Police arrrest Roof in Shelby, North Carolina, almost 250 miles (400 km) – about three and a half hours’ drive – away from Charleston, when local police stop his car after a citizen called in about suspicious activity. Police say Roof was “cooperative” with the officer who stopped him.
Attempted second-degree murder charge
Apperson’s charges are upgraded to attempted second-degree murder. Apperson is also charged with shooting into an occupied vehicle and aggravated assault with a firearm. State Attorney:
Our law enforcement community and the State Attorney’s Office works vigorously to ensure people may travel our busy streets, going about their business, without fear. Every resident and visitor to Seminole County deserves this freedom.
Apperson’s lawyer:
My reaction to these charges is a pronounced shrug. I’ve reviewed the charges and they don’t change the facts. The prosecutors have put their heads together and tried to contemplate what could be the most serious charges, but that doesn’t really change anything. This is a case of self-defense.
Confirms Texas’ Confederate plates rejection
In a 5-4 decision, the justices rule that Texas did not violate the First Amendment when it refused to allow specialty license plates bearing the Confederate battle flag. Justice Breyer writes for the majority that such plates are the government’s speech and are thus immune from First Amendment attacks.
Children’s abuse statements can be evidence
Justices unanimously rule that statements made by children to teachers about possible abuse can be used as evidence, even if the child does not testify in court. The ruling is expected to make it easier for prosecutors to convict people accused of domestic violence. The justices state that defendants don’t have a constitutional right to cross-examine child accusers unless their statements to school officials were made for the primary purpose of creating evidence for prosecution.
$100 million fine for misleading customers
The FCC fines AT&T $100 million for misleading customers about its “unlimited” data plans. AT&T failed to adequately tell customers that they could experience speeds that were slower than the normal speeds AT&T advertised. AT&T says it will dispute the fine:
The FCC has specifically identified this practice as a legitimate and reasonable way to manage network resources for the benefit of all customers, and has known for years that all of the major carriers use it. We have been fully transparent with our customers, providing notice in multiple ways and going well beyond the FCC’s disclosure requirements.
Pao must pay $275,966 in costs
Judge Kahn rules Pao will have to pay $275,966 of $972,814 of Kleiner’s costs for expert fees, depositions, transcription and travel for expert witnesses it had incurred during the trial. Kahn allows most of Kleiner ‘s costs for jury food ($177.56), filing and motion fees ($240) and technology equipment rental ($7,196.). However, he notes that under the Fair Employment and Housing Act, the scale of each parties’ economic resources should be considered, and as Kleiner has greater economic resources than Pao, he scales back its cost of expert witnesses. Kleiner says it is pleased with the result:
This tentative ruling recognizes that our settlement offer was reasonable and made in good faith. It also recognizes the cost rules still apply when a plaintiff refuses a reasonable settlement offer and forces the parties to go through an expensive trial.
DUI arrest
Stamos is pulled over after Beverly Hills police receive numerous calls about a possible drunken driver. After showing his driver’s license and identifying himself verbally, paramedics transport him to a local hospital due to a possible medical condition. There he is assessed as driving under the influence and arrested. He is given a citation for DUI and released to the care of the hospital.
https://twitter.com/JohnStamos/status/609776693310402560
Arrested
Mitchell is arrested and charged with providing Sweat and Matt, with contraband and helping them escape Clinton Correctional Facility. The charges: first-degree promoting prison contraband, a felony, and fourth-degree criminal facilitation, a misdemeanor. Sources say Mitchell was charmed by Matt, to the point that “she thought it was love,” and planned to be the men’s getaway driver before she got cold feet. Mitchell’s husband, who also works at the prison, has not been charged.
Pleads not guilty
Hastert pleads not guilty to violating federal banking laws and lying to FBI investigators. He agrees to submit to a DNA sample if asked, to surrender his passport, to avoid anyone associated with the case, and to remove all firearms from his home. He will remain free on a $4,500 bond.
Judge Durkin offers to recuse himself due to donations he made to Hastert’s campaign years ago, although he says he has never met the former speaker. He gives the parties a day to decide if he should remain on the case.
Hunt continues
Law enforcement officers and police dogs fan out on the third day of a manhunt for Sweat and Matt. The New York State Police tells NBC News they have more than 300 tips. Gov. Cuomo:
These are dangerous men capable of committing grave crimes again.