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Summary Judgments for January 9

1/9/2013 COMMENTS (0)

Courting rites 

1/9/13

By Caitlin Tremblay 

One of this season's big wedding trends has nothing to do with color schemes or cuts of bridesmaid dresses -- it's a court decision.

Portions of a landmark same-sex marriage decision are popping up as readings in both same-sex and heterosexual weddings, according to The Boston Globe. The case, Goodridge v. Department of Public Health, was decided in 2003 by the Massachusetts Supreme Judicial Court and made the state the first in the nation to recognize same-sex marriage.

Couples are choosing segments of Goodridge because its written in non-legalese, says the Globe. One of the most popular passages reads, "Civil marriage is at once a deeply personal commitment to another human being and a highly public celebration of the ideals of mutuality, companionship, intimacy, fidelity, and family. Because it fulfills yearnings for security, safe haven, and connection that express our common humanity, civil marriage is an esteemed institution, and the decision whether and whom to marry is among life's momentous acts of self-definition."

The decision was penned by Margaret H. Marshall, who was chief justice on the court at the time. She says she is "touched and honored" by the fact that her decision is so popular at matrimonial ceremonies.

Five feet high and sinking 

1/9/12

By Dan Brillman 

As residential zoning spats go, this one is a head scratcher, pitting a New York City developer who has converted the former home of actress Katharine Hepburn into a sprawling compound, against the town of Fenwick, Connecticut. The centerpiece of the fight is a fencepost the town felt was 12 inches too high, and has ended up costing Fenwick thousands of dollars in legal fees, reports The New York Times.

The constructionist drama began in 2005, when Frank Sciame began renovating the former Hepburn home. As part of the work, Sciame installed posts five feet high at the entrance to the estate's driveway without prior approval of the town commission. He was ordered to lower the posts by a foot to make them less visible. Instead of shortening them, however, Sciame raised the ground. In 2010 the town sued and won, and Sciame complied with the ordinance by hacking off the top of the post, right through the house's number. In the meantime he appealed the ruling.

Now a Connecticut state appeals court has issued an opinion, ruling that Sciame's claims of emotional distress and harassment were unfounded. Real estate side note: Sciame reportedly bought the property in 2004 for $6 million and has it on the market for $30 million. Talk about emotional distress.

Good work 

1/9/13

By Eileen Daspin 

Traditionally law practices that get a shout-out for their pro bono work are big firms with the resources to devote time and manpower to causes ranging from the death penalty to helping arts organizations. This year the National Law Journal's Pro Bono Hot List includes International Business Machine's corporate legal department, which worked on behalf of people whose homes were destroyed by Hurricane Sandy. Legal departments, says the NLJ, increasingly are committing resources to such projects. Some of the law firms that made the list are Arnold & Porter, which led a team of 19 lawyers in a fight to protect voter rights in Pennsylvania; Foster Pepper, which helped a 92-year-old Holocaust survivor secure reparations from the German government, and Latham & Watkins, which has been battling human trafficking.

Lipstick on a pig 

1/9/13

By Dan Brillman 

Cosmetic companies like Avon, Mary Kay and Estée Lauder are facing animal-rights lawsuits in the United States because of Chinese laws that require animal testing. As Corporate Counsel reports (hat tip: Connecticut Law Tribune), the suits highlight potential conflicts across cultures when the bottom line is sales revenue.

Avon, Mary Kay and Estée Lauder all boasted a "cruelty-free" policy -- meaning no testing on animals -- as early as the 1980s, ensuring a seal of approval from People for the Ethical Treatment of Animals, the animal rights group. But once the companies began distributing their wares in China, they've had to comply with local laws requiring testing on animals as an added safety measure.

When five California women discovered that the beauty companies were trying out their products on animals, they sued all three firms together last February for false advertising and asked for $1 million in damages. Avon, Mary Kay and Estee Lauder responded that they have not concealed the fact that they test on animals where mandated by law and pointed to disclaimers on their websites.

The district court in Santa Ana has since severed the cases. Mary Kay has been ordered into mediation. The remaining complaints are in the discovery stage, according to Corporate Counsel.

 

Summary Judgments for January 8 

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