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Court nixes class-action status for TGI Friday's drink suit
Court Watch |
2017/10/18 01:40
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A lawsuit accusing restaurant chain TGI Friday's violated consumer fraud laws with its drink pricing can't go ahead as a class action that could have included millions of members, but a similar case involving Carrabba's Italian Grill restaurants can, New Jersey's state Supreme Court ruled Wednesday.
Debra Dugan sued TGI Friday's after she was charged one price for a drink at the bar and a higher price at a table in 2008. The restaurant didn't list drink prices on its menus, according to the lawsuit.
A lower court in 2012 granted class-action status to anyone who ordered unpriced drinks at 14 of the company's restaurants in New Jersey from 2004 through 2014. TGI Friday's had estimated that could have amounted to as many as 14 million customers, according to court filings. But the plaintiffs disputed that figure.
According to the lawsuit, TGI Friday's conducted research that showed that customers spent an average of $1.72 less on drinks if the prices were displayed than if the prices weren't displayed. The lawsuit sought to prove that that amount could be considered a loss for anyone who had ordered a drink at the restaurants. Wednesday's 5-1 ruling rejected that argument, but said individual claims could still proceed.
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Supreme Court opens pivotal term with Trump nominee in place
Attorney News |
2017/10/17 01:38
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Disputes over a wedding cake for a same-sex couple and partisan electoral maps top the Supreme Court's agenda in the first full term of the Trump presidency. Conservatives will look for a boost from the newest justice, Neil Gorsuch, in a year that Justice Ruth Bader Ginsburg has said will be momentous.
President Donald Trump's travel ban appears likely to disappear from the court's docket, at least for now. But plenty of high-profile cases remain.
The justices will hear important cases that touch on gay rights and religious freedoms, the polarized American electorate, the government's ability to track people without search warrants, employees' rights to band together over workplace disputes and states' rights to allow betting on professional and college sporting events.
Last year, "they didn't take a lot of major cases because they didn't want to be deadlocked 4-to-4," said Eric Kasper, director of the Center for Constitutional Studies at the University of Wisconsin-Eau Claire. "This year, that problem doesn't present itself."
Gorsuch quickly showed he would be an ally of the court's most conservative justices, Clarence Thomas and Samuel Alito, most recently joining them in objecting to the court's decision to block an execution in Georgia.
While justices can change over time, Gorsuch's presence on the bench leaves liberals with a fair amount of trepidation, especially in cases involving the rights of workers.
The very first case of the term, set for arguments Monday, could affect tens of millions of workers who have signed clauses as part of their employment contracts that not only prevent them from taking employment disputes to federal court, but also require them to arbitrate complaints individually, rather than in groups. |
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German court tells donkey owners to pony up for damaged car
Court Line |
2017/10/13 01:37
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A German court has ordered a donkey's owners to pony up 5,800 euros ($6,800) to the driver of a pricy McLaren sports car to cover damage caused when the animal chomped the backside of the vehicle.
Police said that Vitus the donkey may have mistaken the orange McLaren parked next to his enclosure as a giant carrot when he bit the back, damaging the paint and a carbon-fiber piece.
The dpa news agency reported that the state court in Giessen on Thursday sided with the car owner, who filed the suit after the donkey owner refused reimbursement for the incident last September.
At the time, Local media reported the owner of the donkey refused to pay for the damage, telling the McLaren owner he should have picked a better parking place.
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Young leaders of massive 2014 Hong Kong protests get prison
Legal News |
2017/10/12 01:34
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A Hong Kong court sent young activist Joshua Wong and two other student leaders to prison Thursday for their roles in huge pro-democracy protests nearly three years earlier, in the latest sign that tolerance for dissent is waning in the Chinese-ruled former British colony.
The High Court overturned an earlier verdict that let Wong, Nathan Law and Alex Chow avoid prison, agreeing with prosecutors that the original punishment for joining or leading an unlawful assembly that sparked the protests was too light.
They were immediately taken to serve their sentences of up to eight months, which have the added consequence of blocking each of them from seeking public office for five years.
Wong had little visible reaction as the verdict was read out but tweeted minutes after: "You can lock up our bodies, but not our minds! We want democracy in Hong Kong. And we will not give up." "See you soon," he added. He pumped his fist in the air as he walked out of the dock into custody.
The three were found guilty last year of leading or encouraging an illegal rally in September 2014 that kicked off the "Umbrella Movement" protests that captured world headlines. Youthful activists brought major thoroughfares to a standstill for 11 weeks to protest Beijing's plan to restrict elections in the semi-autonomous region.
Wong and Law were originally given community service and Chow had received a suspended three-week prison sentence.
A three-judge panel on Thursday decided to stiffen those sentences following the justice secretary's request. The judges, who said there was a need to deter others, gave Law eight months in prison, seven to Chow and six for Wong, following deductions that included one-month cuts in sentences for the community service Wong and Law completed.
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Australia's High Court to consider fate of 7 lawmakers
Attorney News |
2017/10/10 18:30
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Australia's prime minister said Monday that he was confident that government lawmakers would win a court challenge this week that threatens his administration's slender majority.
Seven High Court judges will decide whether seven lawmakers should be disqualified from Parliament because of a constitutional ban on dual citizens being elected. The three-day hearing begins Tuesday.
The fate of Deputy Prime Minister Barnaby Joyce is most crucial to the government in an unprecedented political crisis.
If the court rules that he was illegally elected in July last year due to New Zealand citizenship he unknowingly inherited from his father, the ruling conservative coalition could lose its single-seat majority in the House of Representatives, where governments are formed.
Joyce could stand in a by-election, having renounced his Kiwi citizenship. But with the government unpopular in opinion polls, voters in his rural electoral division could take the opportunity to throw both the deputy prime minister and his administration out of office.
Two of the six senators under a cloud are government ministers. Fiona Nash inherited British citizenship from her father and Matt Canavan became an Italian through an Australian-born mother with Italian parents. Disqualified senators can be replaced by members of the same party without need for an election.
Prime Minister Malcolm Turnbull has given no indication of what his government would do if the court rules against any of the three ministers.
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