New York Justice Denies Habeas Corpus Relief for Hercules and Leo Given Precedent Set in Previous Case, ‘For Now’

July 30, 2015– New York County Supreme Court Justice Barbara Jaffe issued a 33-page decision in the case of the chimpanzees Hercules and Leo, held in captivity in a Stony Brook University laboratory.

Justice Jaffe denied habeas corpus relief to Hercules and Leo only because, as she wrote, “for now” she is bound by the intermediate appellate court decision in Tommy’s case, which is before the Court of Appeals seeking further review. 

Read the decision here.

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NSBA issues guide on the impact of Obergefell same-sex marriage decision on school districts

Historic SCOTUS ruling; Obergefell by G-A-Y

The National School Boards Association (NSBA), along with two other key education groups, has issued a guide, titled “Same Sex Marriage – What the Obergefell Decision Means for School 

Districts,” 

It discusses the legal impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. ___, 2015 WL 2473451 (June 26, 2015), on local school board policies.

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Cosby lawyers blame his accuser for release of his deposition by court reporting service-ABA Journal

BY DEBRA CASSENS WEISS

Lawyers for Bill Cosby argued in a motion (PDF) on Tuesday that his accuser in a 2005 sex-abuse suit was trying to “smear” him and should have ensured that court reporters knew his deposition transcript was still confidential.

The New York Times obtained the deposition transcript from a court reporting service and summarized the contents in a story that asserted the deposition was never sealed. But lawyers for Cosby say the court reporting service, Kaplan Leaman & Wolfe, should not have released the document under terms of the suit’s settlement, report the Legal Intelligencer, the New York Times, the Guardian and Time magazine.

The filing by lawyers at Cozen O’Connor says Cosby’s accuser in the suit, a Temple University employee, should be sanctioned partly for release of the deposition transcript to the media through her “own hired court reporter … without a word to the defendant.” The motion does not include specifics on sanctions sought and says relief will be sought separately.

Read entire article here.

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A New Appellate Court Opinion on “Pocket Dialing” – Jim Calloway’s Law Practice Tips Blog

Yes, I know we all call it something else other than “pocket dialing,” but congratulations to the Sixth Circuit U.S. Court of Appeals for using a more polite term.

Huff vs Spaw (Download in PDF) was issued this week.

Click here to read the entire article on this techno-law issue.

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Document in Cosby Case – The New York Times

A document unsealed by a federal judge in Philadelphia, part of a case brought against Bill Cosby in 2005 by Andrea Constand, a staff member with the basketball program at Temple University, Mr. Cosby’s alma mater. RELATED ARTICLE

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Meier v Village of Champlain Zoning Board of Appeals, 2015 WL 3767526 (NYAD 3 Dept. 6/18/2015)

NY Appellate Court Affirms Chickens Could Not be Kept in a Home in a Residential District Under the Applicable Zoning Ordinance and they are not an Accessory Use but Rather an Agricultural Use

Matter of Paul T. v South Huntington Union Free Sch. Dist. (2015 NY Slip Op 25207)

Being bullied is not itself a legally recognizable disability if it does not rise to the level of adversely impacting educational performance.

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