Law students seeking to have RIAA suit dismissed

Two University of Maine law students are representing their fellow classmates against the Recording Industry Association of America (RIAA) in a file sharing suit. The RIAA filed a suit in October, apparently as a first step in pursing individual students who allegedly downloaded music illegally. The RIAA suit does not name individual students, but will use the case as a means to subpoena the school, then go after individuals.

The law students filed a Motion to Dismiss the suit based on a Supreme Court decision that rejected similar tactics.

The two student lawyers, Hannah Ames and Lisa Chmelecki, are part of the Cumberland Legal Aid Clinic, which allows third-year law students to gain legal experience while providing legal services for clients with low incomes, including college students.

Ames and Chmelecki have been sworn in before the court and practice under supervision of a faculty member, who must sign off on their briefs before they are filed with the court.

– The Forecaster

Here is the Supreme Court opinion.  The article incorrectly identifies it as a May 21 decision.

By downeastlaw, ago

Atheist fired for refusing to be Santa

A Lebanon, Maine resident is bringing an action under Maine’s Human Rights Act for being fired by Walmart after he refused to wear a Santa Claus suit.

Under Maine law, people alleging discrimination must file a complaint with the commission before filing a lawsuit.

The commission will assign an investigator to look into Nolan’s allegation. The investigator will issue a report for the full commission, which will then vote rule on whether there are reasonable grounds to conclude that Nolan was discriminated against. It can take up to two years for the commission to decide if Nolan’s rights were violated.

After six months, Nolan could also ask the commission for a “right-to-sue letter,” allowing him to take his case to Maine Superior Court. At that point, the commission would stop its investigation.

–PressHerald

By downeastlaw, ago

Jailhouse Confession Admissible

Dying declaration admissable also.

AP:

A judge has ruled that a jailhouse confession that aired on TV will be allowed in the trial of a 22-year-old man charged in last April’s murder of a Franco-American singer in Augusta.

Justice Donald Marden ruled Monday that Mathiew Loisel’s interview with a WGME-TV reporter, in which he admitted to fatally shooting Jean-Paul Poulain, would be allowed as evidence at his trial. The interview was broadcast several times the day Loisel was arrested.

Marden also ruled that Poulain’s alleged deathbed identification of Loisel as the shooter, and of 19-year-old Corey Swift as the accomplice, was also admissible.

Loisel and Swift are charged with murder and robbery.

Loisel’s attorney argued the TV interview should be kept out of the trial because Loisel did not have an attorney present. Marden disagreed, saying Loisel’s constitutional rights were not violated and that he could have said no.

By downeastlaw, ago