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North Dakota woman who brought raccoon to bar gets probation
Court News Feed | 2022/12/24 12:30
A woman who brought a wild raccoon into a bar earlier this year will spend a year on probation.

On Tuesday, Erin Christensen of Maddock, 38, pleaded guilty to misdemeanor charges of providing false information to law enforcement, tampering with evidence and unlawful possession of a live furbearer, reported the Bismarck Tribune.

Northeast District Judge Donovan Foughty gave her a suspended six-month jail sentence and a year on probation. He also ordered her to pay $1,100 in fines and fees.

She faced a maximum sentence of about two years in jail and $7,500 in fines.

According to court documents, Christensen said her family found the raccoon, nicknamed Rocky, on the side of a road and was nursing it back to health when she brought it into the bar on Sept. 6. A bartender said Rocky didn’t got loose nor did he bite anyone but state health officials still issued a warning about potential rabies exposure.

Authorities arrested Christensen on Sept. 14 after serving several search warrants in and around Maddock to find her and the raccoon. According to court documents, she wouldn’t disclose Rocky’s location.

Keeping a wild raccoon as a pet is illegal under state law — as is keeping a bat or skunk because they are known carriers of rabies, according to North Dakota’s Game and Fish website. Authorities ultimately euthanized the racoon, who tested negative for rabies.

Christensen has said Rocky’s fate has left her family traumatized.


Justices spar in latest clash of religion and gay rights
Court News Feed | 2022/12/02 15:23
The Supreme Court ’s conservative majority sounded sympathetic Monday to a Christian graphic artist who objects to designing wedding websites for gay couples, a dispute that’s the latest clash of religion and gay rights to land at the highest court.

The designer and her supporters say that ruling against her would force artists — from painters and photographers to writers and musicians — to do work that is against their faith. Her opponents, meanwhile, say that if she wins, a range of businesses will be able to discriminate, refusing to serve Black customers, Jewish or Muslim people, interracial or interfaith couples or immigrants, among others.

The lively arguments at the Supreme Court ran well beyond the allotted 70 minutes.

Justice Neil Gorsuch, one of three high court appointees of former President Donald Trump, described Lorie Smith, the website designer, as “an individual who says she will sell and does sell to everyone, all manner of websites, (but) that she won’t sell a website that requires her to express a view about marriage that she finds offensive.”

The issue of where to draw the line dominated the questions early in Monday’s arguments at the high court.

Justice Ketanji Brown Jackson asked whether a photography store in a shopping mall could refuse to take pictures of Black people on Santa’s lap.

“Their policy is that only white children can be photographed with Santa in this way, because that’s how they view the scenes with Santa that they’re trying to depict,” Jackson said.

Justice Sonia Sotomayor repeatedly pressed Kristen Waggoner, the lawyer for Smith, over other categories. “How about people who don’t believe in interracial marriage? Or about people who don’t believe that disabled people should get married? Where’s the line?” Sotomayor asked.


Justices asked to hear dog toy dispute. Will they bite?
Court News Feed | 2022/11/21 11:20
The company that makes Jack Daniel’s is howling mad over a squeaking dog toy that parodies the whiskey’s signature bottle. Now, the liquor company is barking at the door of the Supreme Court.

Jack Daniel’s has asked the justices to hear its case against the manufacturer of the plastic Bad Spaniels toy. The high court could say as soon as Monday whether the justices will agree. A number of major companies from the makers of Campbell Soup to outdoor brand Patagonia and jeans maker Levi Strauss have urged the justices to take what they say is an important case for trademark law.

The toy that has Jack Daniel’s so doggone mad mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” While the original bottle has the words “Old No. 7 brand” and “Tennessee Sour Mash Whiskey,” the parody proclaims: “The Old No. 2 on Your Tennessee Carpet.” Instead of the original’s note that it is 40% alcohol by volume, the parody says it’s “43% Poo by Vol.” and “100% Smelly.”

The toy retails for about $13 to $20 and the packaging notes in small font: “This product is not affiliated with Jack Daniel Distillery.”

The toy’s maker says Jack Daniel’s can’t take a joke. “It is ironic that America’s leading distiller of whiskey both lacks a sense of humor and does not recognize when it — and everyone else — has had enough,” lawyers for Arizona-based VIP Products wrote the high court. They told the justices that Jack Daniel’s has “waged war” against the company for “having the temerity to produce a pun-filled parody” of its bottle.

But Jack Daniel’s lead attorney, Lisa Blatt, made no bones about the company’s position in her filing.

“To be sure, everyone likes a good joke. But VIP’s profit-motivated ‘joke’ confuses consumers by taking advantage of Jack Daniel’s hard-earned goodwill,” she wrote for the Louisville, Kentucky-based Brown-Forman Corp., Jack Daniel’s parent company.

Blatt wrote that a lower court decision provides “near-blanket protection” to humorous trademark infringement. And she said it has “broad and dangerous consequences,” pointing to children who were hospitalized after eating marijuana-infused products that mimicked candy packaging.


Appeals ruling leaves Trump fate in defamation suit in flux
Court News Feed | 2022/09/27 16:23
A federal appeals court asked a Washington D.C. appeals court Tuesday to help it decide whether the United States should be substituted for former President Donald Trump as the defendant in a defamation lawsuit brought by a woman who says he raped her over a quarter century ago.

The 2nd U.S. Circuit Court of Appeals in Manhattan in a 2-to-1 decision reversed a lower court ruling that had concluded Trump must face the lawsuit brought in Manhattan federal court by columnist E. Jean Carroll.

But it stopped short of saying the U.S. can be substituted for Trump as the defendant in the lawsuit. Instead, it asked The D.C. Court of Appeals, the highest court in the District of Columbia, to decide whether Trump’s public statements denying Carroll’s rape claims occurred within the scope of his employment as president.

Carroll maintains Trump defamed her with public comments he made after she wrote in a 2019 book that Trump raped her during a chance encounter in the mid-1990s in a Manhattan department store. Trump denied the rape and questioned Carroll’s credibility and motivations.

The 2nd Circuit said Trump would be entitled to immunity by having the U.S. substituted as the defendant in the lawsuit if it was decided that his statements came within the scope of his employment.


Post-Roe differences surface in GOP over new abortion rules
Court News Feed | 2022/08/14 15:01
When the U.S. Supreme Court repealed in June a woman’s constitutional right to an abortion, Wisconsin’s 1849 law that bans the procedure except when a mother’s life is at risk became newly relevant.

Republicans in the Legislature blocked an attempt by Democratic Gov. Tony Evers to overturn the law. Yet there’s disagreement inside the GOP over how to move forward when they return to the state Capitol in January.

The state’s powerful Republican Assembly speaker, Robin Vos, supports reinforcing the exception for a mother’s life and adding protections for instances involving rape and incest. Others, including GOP state Rep. Barbara Dittrich, say the law should stay as it is, without exceptions for rape and incest.

For decades, Republicans like Vos and Dittrich appealed to conservative voters — and donors — with broad condemnation of abortion. But the Supreme Court’s decision is forcing Republicans from state legislatures to Congress to the campaign trail to articulate more specifically what that opposition means, sometimes creating division over where the party should stand.


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