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Supreme Court rejects Martin Shkreli fine appeal
  + stars: | 2024-10-07 | by ( Dan Mangan | ) www.cnbc.com   time to read: +3 min
The Supreme Court in rejecting that request did not explain its reason for doing so. Shkreli's request that the Supreme Court take his appeal of federal court decision was his last chance to overturn the penalty related to the drug Daraprim . People pass outside the U.S. Supreme Court on October 7, 2024 in Washington, DC. Shkreli in June asked the Supreme Court to hear his appeal of that ruling, but only as it applied to the financial penalty. The attorney said that the Supreme Court should hear Shkreli's appeal to resolve the so-called circuit split on the question of a defendant's financial liability.
Persons: Martin Shkreli, Benjamin Brafman, Shkreli, pharma bro, Shkreli's Organizations: U.S, CNBC, Federal Trade Commission, pharma, Supreme, Vyera Pharmaceuticals, FTC, Circuit, Appeals Locations: Brooklyn, New York City, U.S, Washington ,, Manhattan, Shkreli, disgorgement
Two racing teams, one owned by basketball legend Michael Jordan, filed a federal lawsuit on Wednesday, accusing NASCAR operators of being "monopolistic bullies" who line the pockets of the circuit's founding family. "The France family and NASCAR are monopolistic bullies," according to the lawsuit. A NASCAR rep on Wednesday morning said the motorsport organization was still reviewing the complaint and could not immediately comment. Racing teams receiving only about 13% of NASCAR's ever-increasing revenues, which include TV deals signed since 2001 worth about $23.1 billion, according to Polk. "By exploiting its monopoly power over the racing teams, NASCAR has been able to impose anti-competitive terms as a condition of a team’s access to competitions."
Persons: Michael Jordan, Racing, Jim France, Bill France, Bob Jenkins, 23XI, Denny Hamlin, Curtis Polk, James, “ Jim ”, Plaintiff's, Jeffrey Kessler, , , it’s, ” Jordan, Jordan Organizations: NASCAR, Motorsports, Jordan, Racing, NFL, NBA, Chicago Bulls Locations: U.S, Charlotte , North Carolina, Polk, France
A former Department of Justice attorney told Business Insider this week that the court seemed poised to rule against TikTok. AdvertisementMany TikTok creators appear unconcerned by the prospect of a ban. Others are fighting it: In May, a group of eight TikTok creators filed a lawsuit against the US government over the potential ban. TikTok users turn to the app for more than just entertainment. The current TikTok staffer told BI that they felt that advertisers were paying less attention to TikTok ban news as they've been busy gearing up for the holiday season.
Persons: , it's, ByteDance, Daniel Openshaw, haven't, TikToker Alex Ojeda, aren't, They're, Emarketer, they've, Kantar, Gonca Organizations: Service, DC, Department of Justice, TikTok, Business, US, Tech, Jovena, Clutch, Expand, Brands, Pew Research Center, . Business, YouTube, Meta, Amazon Locations: Jovena Natal, New York, California, TikTok
In a decision on August 27, the US Third Circuit Court of Appeals found that, in 2021, TikTok — via its "For You Page" algorithm — recommended a video promoting a "blackout challenge" to 10-year-old Nylah Anderson. The company had argued in court that it was immune from prosecution due to Section 230 of the Communications Decency Act. AdvertisementBut the Third Circuit ruling could change that. French and other supporters of the Third Circuit ruling argue that TikTok's liability protections should end where its algorithmic suggestions begin. If they do, their ruling could have even broader consequences than the Third Circuit ruling.
Persons: , Nylah Anderson, Paul Matey, TikTok, Nylah, asphyxiate, We'd, David French, Betsy Rosenblatt, Rosenblatt, Clarence Thomas, Neil Gorsuch, SCOTUS, Amy Coney Barrett Organizations: Service, US, Appeals, TikTok, Business, Communications, Circuit, New York Times, Third Circuit, Spangenberg, for Law, Technology, Arts, Moody
Read previewThe Education Department has updates on the next steps for student-loan borrowers enrolled in President Joe Biden's new repayment plan. The ruling follows a roller coaster of court decisions regarding the SAVE plan. AdvertisementThe department recently updated its guidance on what this forbearance period means for borrowers — including two avenues for borrowers to receive forgiveness credit despite the forbearance. The first option is for borrowers on SAVE to switch to a new income-driven repayment plan, including PAYE, income-based repayment, or income-contingent repayment — all of which are not blocked in court. Along with switching repayment plans to receive credit toward forgiveness, the Education Department highlighted another option for borrowers on PSLF to receive forgiveness credit: a "buy back."
Persons: , Joe Biden's, IDR, Donald Trump Organizations: Service, Department, Appeals, Business, SAVE, GOP, Education Department, Public, PSLF, Democrat, Invest Locations: forbearance
The 8th Circuit blocked the SAVE student-loan repayment plan in full. Student-loan borrowers on SAVE won't have to make payments as the legal process continues. This will likely spark confusion for borrowers who already received bills with lower payments. download the app Email address Sign up By clicking “Sign Up”, you accept our Terms of Service and Privacy Policy . On Thursday, the 8th Circuit Court of Appeals blocked the SAVE student-loan repayment plan in full, meaning that key provisions of the plan, like lower monthly payments and a shorter timeline to debt cancellation, cannot be implemented.
Persons: Organizations: Circuit, SAVE, Service, GOP, Business
The 8th Circuit on Thursday blocked the SAVE student-loan repayment plan in full. This means that debt cancellation and cheaper payments through the plan cannot be implemented. download the app Email address Sign up By clicking “Sign Up”, you accept our Terms of Service and Privacy Policy . AdvertisementA major repayment plan for millions of student-loan borrowers is once again blocked. Earlier this year, two separate groups of GOP state attorneys general filed lawsuits to block the SAVE plan, and at the end of June, two federal courts placed preliminary injunctions on the plan.
Persons: Organizations: Service, Appeals, GOP, Business
The legal roller coaster for millions of student-loan borrowers on President Joe Biden's new repayment plan continues. A court ruled that borrowers on the SAVE income-driven repayment plan can get the new benefits set to go into effect in July, like lower payments, for the time being after a legal challenges blocked their implementation. The Education Department did not immediately respond to a request for comment from Business Insider on the stay. This means that for now, the Education Department can continue working to implement the new SAVE provisions set to go into effect this July. For now, borrowers continue to await further guidance from the Education Department.
Persons: Joe Biden's, Persis Yu Organizations: Service, Business, Biden's Education Department, GOP, Kansas, Circuit, Education Department, Democratic, Protection, Department, Education, SAVE, Republican Locations: Kansas, Missouri
Read previewThe Supreme Court on Friday ruled that it's constitutional for local governments to make it illegal to sleep in public places, even when there isn't sufficient shelter space. The case — City of Grants Pass v. Johnson — is the most consequential the court has decided dealing with homelessness in decades. AdvertisementThe Supreme Court ruled that laws regulating sleeping in public places don't constitute cruel and unusual punishment. Homeless rights activists held a rally outside the U.S. Supreme Court on April 22, 2024, the day the court heard oral argument in City of Grants Pass, Oregon v. Johnson. An increasing number of cities and states across the country have passed laws — often anti-camping ordinances — similar to that in Grants Pass.
Persons: , Johnson —, Justice Neil Gorsuch, Johnson, California —, Gorsuch, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Kevin Dietsch, Gavin Newsom, Newsom, Ron DeSantis, Jesse Rabinowitz Organizations: Service, Business, Circuit, Homeless, U.S, Supreme, Democratic, California Gov, Gov, National Homelessness Law Center Locations: Grants, Grants Pass , Oregon, Martin v, Boise, California, City, Grants Pass, Oregon, Florida
download the appSign up to get the inside scoop on today’s biggest stories in markets, tech, and business — delivered daily. Read previewLawsuits to block some of President Joe Biden's targeted student-debt relief efforts are simmering — and a court ruling might have signaled how one case will fare. "Plaintiffs have not alleged that any of their employees have stopped seeking PSLF forgiveness because of the adjustment," the court's decision said. In March, 11 GOP state attorneys general filed a lawsuit to block the SAVE income-driven repayment plan, which the Education Department implemented last summer to give borrowers more affordable monthly payments. Economic assumptions alone were not enough for the Sixth Circuit, nor, for that matter, for the Supreme Court," the Education Department wrote in its legal filing.
Persons: , Joe Biden's, Circuit wasn't Organizations: Service, New Civil Liberties Alliance, Cato Institute and Mackinac Center for Public, Business, Public, Sixth, Circuit, Education Department, SAVE, Biden's Education Department, Sixth Circuit, Supreme Locations: PSLF
Supreme Court rules against Warner Music in copyright damages case
  + stars: | 2024-05-09 | by ( ) www.cnbc.com   time to read: +1 min
The 6-3 ruling, authored by liberal Justice Elena Kagan, affirmed a lower court's decision that favored producer Sherman Nealy, who sued a Warner subsidiary and others in Florida federal court in 2018. Nealy has said that his label Music Specialist owns rights to the electronic dance song "Jam the Box" by Tony Butler, also known as Pretty Tony. Warner artist Flo Rida, whose given name is Tramar Dillard, incorporated elements of "Jam the Box" into his 2008 song "In the Ayer." The producer requested damages for alleged copyright infringement dating back to 2008. Circuit Court of Appeals reversed that decision and said there was "no bar to damages in a timely action."
Persons: Flo Rida, John Shearer, Elena Kagan, Sherman Nealy, Nealy, Tony Butler, Tony, Warner, Dillard, Warner Chappell, Butler Organizations: U.S, Supreme, Warner Music, Warner, Circuit, Appeals Locations: Universal City, Calif, Miami, Florida, Ayer, Atlanta
Former President Donald Trump's lawyers are trying to get the Mar-a-Lago classified documents case thrown out. Trump's lawyers on Thursday filed several motions to dismiss the case, including one centering on the argument that Trump should be entitled to presidential immunity. The motion acknowledges a Washington, DC appeals court decision on February 6. AdvertisementNow, on the Mar-a-Lago case, Trump's lawyers are arguing that the DC appeals court "erred in finding that President Trump was not entitled to presidential immunity." Trump's lawyers have also argued that the case should be dismissed, based on their allegation that special counsel Jack Smith was unlawfully appointed.
Persons: , Donald Trump's, Trump, Jack Smith, shouldn't Organizations: Service, Trump, Circuit's, Business Insider Locations: Washington, Florida
A federal appeals court agreed to rehear a challenge by two conservative groups to Nasdaq's board diversity rule related to the disclosure of women and minority membership on boards of companies listed on the stock exchange. The 5th Circuit U.S. Court of Appeals, in its order Monday night setting a rehearing, also vacated a decision in October upholding the Nasdaq rule by a three-judge panel from the appeals court, which encompasses Texas, Louisiana, and Mississippi. The Nasdaq rule requires companies to disclose details about the diversity of their boards of directors, and to either have a minimum number of women and minorities on their boards or explain why they do not. "NASDAQ's rule promotes racial discrimination and polarizing personal disclosures and it is to be hoped that this rule is struck down," Blum said. The SEC and Nasdaq did not immediately respond to requests for comment on the rehearing order.
Persons: Edward Blum, " Blum, Margaret Little Organizations: Times, NASDAQ, 5th Circuit U.S, of Appeals, Nasdaq, Securities, Exchange, Alliance for Fair, National Center for Public Policy Research, Fifth Circuit, SEC Locations: New York City, Texas, Louisiana, Mississippi
Former President Donald Trump does not have presidential immunity from prosecution on criminal charges related to his efforts to overturn his 2020 election loss, a federal appeals court unanimously ruled Tuesday. The ruling is the latest major legal loss for Trump, who is the front-runner for the Republican presidential nomination. "For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant," the panel wrote in the 57-page opinion. Trump campaign spokesman Steven Cheung decried the ruling, claiming in a statement that without "complete" presidential immunity, "every future President who leaves office will be immediately indicted by the opposing party." He added, "President Trump respectfully disagrees with the DC Circuit's decision and will appeal it in order to safeguard the Presidency and the Constitution."
Persons: Donald Trump, Jack Smith, Trump, Steven Cheung, Cheung Organizations: U.S ., Appeals, District of Columbia Circuit, Trump, Republican, Washington , D.C, DC Locations: U.S, Washington ,, United States
The Supreme Court will review a Ninth Circuit decision protecting unsheltered homelessness. AdvertisementThe Supreme Court earlier this month announced it would take up the most consequential case dealing with homelessness in decades. Gavin Newsom, have also asked the Supreme Court to overturn the ruling, arguing that it makes it difficult or impossible to address the homelessness crisis. Last year, a Maricopa County judge ordered Phoenix officials to clear the Zone. "Local officials can still cite, arrest, and prosecute people for any other violation of the law, including for all crimes against people and property."
Persons: Gavin Newsom, , Johnson, California's, Newsom, Kate Gallego, Jeffrey Selbin, Selbin, Jesse Rabinowitz, court's Organizations: Circuit, CA Gov, Service, Ninth Circuit, California Gov, Phoenix, UC Berkeley, Advocacy Clinic, National Homelessness Law Locations: Grants Pass , Oregon, Martin v, Boise, Phoenix , Arizona, Maricopa, Phoenix, San Diego, San Francisco
Wearable technology has been used in multiple industries, such as healthcare and fitness. Fewer lags and faster download speeds make the real-time experience required for wearable technology possible. The primary purpose of the wearables, she said, is to help those who are deaf or hard of hearing experience music inclusively. The Vibrotextile wearable technology is a haptic vest with wrist and ankle bands. "People want to be connected, and I think that's the most important aspect of technology," Rosella said.
Persons: , Jill Stark, Stark, Jeffrey Stark, Jill Stark Stark, Francesca Rosella, Rosella, CuteCircuit, Stark —, SoundShirts, Cooper Hewitt, Don Emmert, Rachel Arfa, Daniel Belquer, Belquer Organizations: Service, Lyric Opera of Chicago, Fortune Business, Lyric Opera, Smithsonian Design, Getty, Chicago Lyric Opera, Chicago Mayor's, People, Labs, 5G Locations: London, New York City, AFP
U.S. Supreme Court snubs Epic Games legal battle with Apple
  + stars: | 2024-01-16 | by ( ) www.cnbc.com   time to read: +2 min
The Apple App Store app on a smartphone arranged in New York, US, on Monday, Aug. 14, 2023. The U.S. Supreme Court on Tuesday declined to hear an antitrust challenge by Epic Games, maker of the popular video game "Fortnite," to the way Apple runs its lucrative App Store, handing the software company a setback in its lengthy legal battle against the iPhone maker. The justices also decided not to hear Apple's appeal of the same decision, which barred certain App Store rules. The Supreme Court in 2023 denied a bid by Epic to let the injunction take effect. In its appeal to the Supreme Court, Epic had said that the 9th Circuit's decision "guarantees severe anticompetitive harm and effectively insulates the most monopolistic tech-platform practices from antitrust scrutiny."
Persons: Yvonne Gonzalez Rogers, Rogers, Apple Organizations: Apple, U.S, Supreme, Epic Games, Circuit Locations: New York, San Francisco
The Supreme Court will weigh in on a case that could upend homelessness policy across the US. Gavin Newsom asked the conservative-led Supreme Court to hear the case. On Friday, the Supreme Court agreed to weigh in on the issue, a decision that was backed by California Gov. "The Supreme Court can now correct course and end the costly delays from lawsuits that have plagued our efforts to clear encampments and deliver services to those in need." AdvertisementThe Supreme Court is expected to hear arguments in April, with a decision expected by the early summer.
Persons: Gavin Newsom, , Johnson, they've, Newsom Organizations: Service, Supreme, California Gov, Democratic, Appeals, Ninth Circuit, Circuit, Arizona Republican Locations: California, Grants, Oregon, Los Angeles, San Francisco, Honolulu
Former U.S. President Donald Trump attends a Manhattan courthouse trial in a civil fraud case in New York, U.S., October 18, 2023. The case in Washington federal court is one of four criminal prosecutions facing Trump as he seeks to challenge Democratic President Joe Biden in the 2024 election. Trump continues to argue that his 2020 loss to Biden was the result of widespread fraud, a false claim that was rejected by multiple courts, state reviews and members of Trump's own administration. Trump is scheduled to stand trial beginning in March on charges that he interfered in the counting of votes and sought to block Congress’ certification of the 2020 election. Prosecutors have accused Trump of spreading “destabilizing lies” about widespread voter fraud to sow distrust in the election.
Persons: Donald Trump, Michael M Santiago, Jack Smith's, Trump, Barack Obama, Mitt Romney, Hillary Clinton, Joe Biden, Biden, Andrew Goudsward, Scott Malone, Nick Zieminski Organizations: U.S, Rights, Republican, Democratic, Trump, Prosecutors, Thomson Locations: Manhattan, New York, U.S, Washington
At issue is whether U.S. bankruptcy law allows Purdue's restructuring to include legal protections for the members of the Sackler family, who have not filed for personal bankruptcy. Members of the Sackler family have denied wrongdoing but expressed regret that OxyContin "unexpectedly became part of an opioid crisis." They said in May that the bankruptcy settlement would provide "substantial resources for people and communities in need." The administration told the Supreme Court that Purdue's settlement is an abuse of bankruptcy protections meant for debtors in "financial distress," not people like the Sacklers. The administration has also alleged that the Sackler family members withdrew $11 billion from Purdue before agreeing to contribute $6 billion to its opioid settlement.
Persons: painkiller, George Frey, Joe Biden's, Sackler, Biden, OxyContin, John Kruzel, Andrew Chung, Will Dunham Organizations: Purdue Pharma L.D, REUTERS, Rights, Purdue Pharma, WASHINGTON, U.S, Supreme, Purdue, Circuit, Thomson Locations: Provo , Utah, U.S, Stamford , Connecticut, Manhattan
Jones mandated Black majorities in one additional congressional district, two additional state Senate districts and five additional state House districts. Political Cartoons View All 1277 Images“A minority opportunity district must be a district where a single racial group is a majority," Echols said Monday. “District 7 was a minority opportunity district in our view. Besides congressional districts, minority coalitions could also be an issue in Georgia’s new state legislative maps, which are moving toward final passage. “And it’s all over this map from District 10 to congressional District 7.
Persons: Rep Lucy McBath, Steve Jones, Jones, Shelly Echols, Echols, , Ken Lawler, McBath, Carolyn Bordeaux, Sen, Tonya Anderson Organizations: ATLANTA, Georgia Republicans, U.S, Supreme, Democratic U.S, Rep, District, Gainesville Republican, Circuit, Appeals, Democratic, Republicans, Democrat Locations: Georgia, Atlanta, Georgia's, , Gainesville, U.S, Florida, Alabama, Hardee County , Florida, Gwinnett County, Fulton County, Cobb, Douglas, Fulton, Fayette counties, , Texas, Louisiana, Mississippi, Galveston County , Texas, Michigan, Atlanta’s, Five
REUTERS/Carlos Barria Acquire Licensing RightsNEW YORK, Dec 4 (Reuters) - Former U.S. President Donald Trump is seeking permission to appeal a decision reinstating gag orders in his New York civil fraud case to the state's highest court, a court filing showed on Monday. A mid-level state appeals court last week reinstated the gag orders, which barred Trump and his lawyers from making public statements about court staff. Justice Arthur Engoron imposed the gag order on Trump on Oct. 3 after Trump accused Engoron's top clerk of political bias in a post on his Truth Social platform. The post left the court "inundated" with hundreds of threats from Trump supporters, Engoron said in a court filing. In Monday's filing, Trump lawyer Clifford Robert asked the mid-level appeals court, known as the Appellate Division, to allow Trump to appeal its reinstatement of the orders to the Albany-based Court of Appeals.
Persons: Donald Trump, Carlos Barria, Trump, Arthur Engoron, Engoron's, Engoron, Clifford Robert, Luc Cohen, Nick Zieminski Organizations: U.S, Republican, REUTERS, Former U.S, Trump, Appeals, Thomson Locations: Ankeny , Iowa, U.S, Former, New York, Albany
Former U.S. President and Republican presidential candidate Donald Trump attends a 2024 presidential election campaign event in Summerville, South Carolina, U.S. September 25, 2023. REUTERS/Sam Wolfe/File Photo Acquire Licensing RightsWASHINGTON, Dec 1 (Reuters) - A U.S. appeals court on Friday ruled that Donald Trump must face civil lawsuits over his role in the Jan. 6, 2021 attack on the Capitol by his supporters, rejecting the former president's claim that he is immune. A panel of the U.S. Court of Appeals for the District of Columbia Circuit found that Trump was acting "in his personal capacity as a presidential candidate" when he urged his supporters to march to the Capitol. U.S. presidents are immune from civil lawsuits only for official actions. The unanimous decision focused only on whether Trump could be sued, and said nothing about the merits of the cases themselves.
Persons: Donald Trump, Sam Wolfe, Trump, Joe Biden, Andrew Goudsward, Scott Malone, Alistair Bell Organizations: U.S, Republican, REUTERS, Rights, Capitol, U.S ., Appeals, District of Columbia Circuit, Capitol ., Trump, Democratic, Thomson Locations: Summerville , South Carolina, U.S
The damages award could be tripled under U.S. antitrust law to more than $53 million. The same jury on Nov. 21 found the egg producers liable for the alleged antitrust conspiracy after a more than five-week trial. The damages award was limited to alleged overpayments during a four-year window in the mid-2000s. The jury's liability decision held Cal-Maine accountable with other defendants, including trade associations United Egg Producers and United States Egg Marketers. The case is Kraft Foods Global Inc v. United Egg Producers Inc, U.S. District Court for the Northern District of Illinois, No.
Persons: Oscar Mayer, Heinz, General Mills, Kellogg, Brandon Fox, Jenner, Steven Seeger, Robin Sumner, Troutman Pepper Hamilton Sanders, Patrick Collins of King, Rose Acre, James King, Porter Wright Morris, Mike Scarcella Organizations: Kraft, Kraft Foods Group Inc, 3G Capital, Berkshire Hathaway Inc, Food, Nestle, Friday, Cal, Maine Foods, United Egg Producers, United States Egg, U.S, Kraft Foods Global Inc, United Egg Producers Inc, Northern, Northern District of, Jenner, Patrick Collins of King & Spalding, Arthur, Thomson Locations: Northfield , Illinois, Acre, Ridgeland , Mississippi, Maine, Cal, Northern District, Northern District of Illinois
REUTERS/Dado Ruvic/Illustration/File Photo Acquire Licensing RightsCompanies TikTok FollowNov 30 (Reuters) - A U.S. judge late on Thursday blocked Montana's first-of-its kind state ban on the use of short-video sharing app TikTok from taking effect on Jan. 1, saying it violated the free speech rights of users. U.S. District Judge Donald Molloy issued a preliminary injunction to block the ban on the Chinese-owned app, saying the state ban "oversteps state power and infringes on the constitutional rights of users." TikTok users in Montana also filed suit to block the ban. During an October hearing, Molloy questioned why no other state had followed Montana in banning TikTok and asked if the state was being "paternalistic" in arguing the ban was necessary to protect the data of TikTok users. Montana could have imposed fines of $10,000 for each violation by TikTok in the state but the law did not impose penalties on individual TikTok users.
Persons: Dado Ruvic, Montana's, Donald Molloy, China's ByteDance, TikTok, Molloy, Bill Clinton, Donald Trump, David Shepardson, Chris Reese, Sonali Paul Organizations: REUTERS, U.S, District, Montana, Democratic, Biden, Thomson Locations: U.S, Montana
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