All posts tagged: dismisses

Colorado Supreme Court Dismisses Lawsuit Over ‘Gender Transition’ Cake

Colorado Supreme Court Dismisses Lawsuit Over ‘Gender Transition’ Cake

Published by skeptic

Authored by Sam Dorman via The Epoch Times, The lawsuit against a Christian baker who refused to bake a “gender transition” cake was dismissed by the Colorado Supreme Court on Oct. 8 in a ruling that left open core questions about discrimination and free speech. In a 4-3 decision, the court said that it “cannot answer” the underlying constitutional question “because of a threshold issue of administrative law and statutory interpretation.” The majority held that Autumn Scardina, who requested the cake, should have challenged the Colorado Civil Rights Commission’s handling of the dispute in an appeals court rather than bringing the underlying discrimination claims to a federal district court. Complainants, the court said, cannot “jump” from one legal path to another in bringing claims under the Colorado Anti-Discrimination Act (CADA). The decision offered respite for the baker, Jack Phillips, who has been on a 12-year legal journey that started when he was sued for refusing to bake a cake for a same-sex wedding. In 2018, the U.S. Supreme Court issued a narrow holding that the …

Eurovision Dismisses Claims Producers Censored Booing During Israel’s Performance

Eurovision Dismisses Claims Producers Censored Booing During Israel’s Performance

Published by skeptic

Eurovision organisers have insisted they did not censor any booing from Israel’s performance on Thursday night. Israel’s presence in this year’s contest has been a contentious issue among Eurovision fans for a number of months now, as a result of the ongoing conflict in the Middle East, with many even calling for a boycott of the broadcast. During rehearsals for the second semi-final earlier this week, loud boos could be heard during Israeli singer Eden Golan’s performance. However, when she performed during Thursday’s live show, this was not the case, leading many viewers to suggest that Eurovision bosses could have using technology to censor the sound of the booing. BBC News also reported on this speculation after the second semi-final aired. A spokesperson told HuffPost UK: “Just like in all major TV productions with an audience, SVT [Sweden’s national broadcaster] work on the broadcast sound to even out the levels for TV viewers. This is solely to achieve as balanced a sound mix as possible for the audience; and SVT do not censor sound from …

Zelenskiy Dismisses Head of State Guard After Two Members Accused of Assassination Plot

Zelenskiy Dismisses Head of State Guard After Two Members Accused of Assassination Plot

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(Reuters) – Ukrainian President Volodymyr Zelenskiy dismissed the head of the state guards on Thursday, two days after two of its members were accused of plotting to assassinate the president. Zelenskiy issued a decree dismissing Serhiy Rud. No successor was identified. The state security service (SBU) said this week it had caught two men, colonels in the state guard service, accused of plotting the assassination of Zelenskiy and other top officials. The SBU said the assassinations were to have been a “gift” for Vladimir Putin as he was sworn in for a new term in the Kremlin on Tuesday. It said the men were recruited by Russia’s Federal Security Service (FSB) who leaked classified information to Moscow. The men, the SBU said, were tasked with finding someone close to the presidential guard who would take Zelenskiy hostage and later kill him. There was no indication at what point the alleged plot had been foiled. Moscow issued no comment on the SBU’s statement. The president, the very prominent leader of his country’s defence more than two …

Kremlin Dismisses Claims Putin Did Not Order Navalny’s Death

Kremlin Dismisses Claims Putin Did Not Order Navalny’s Death

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The Kremlin has strangely dismissed reports that Vladimir Putin did not order Alexei Navalny’s death. According to a report in the Wall Street Journal, American agencies have concluded there is no “smoking gun” to suggest Putin directly called for his most prominent critic’s death in February. The US official – who spoke on the condition of anonymity – also said Putin was not aware of the timing of Navalny’s death, shortly before the Russian presidential election. The agencies have not absolved the Russian leader of ultimate responsibility, though. Although Russia has denied any involvement in Navalny’s death, the Kremlin’s spokesperson, Dmitry Peskov, dismissed these reports on Saturday. He said: “I would not say that this is high-quality material that deserves any attention. Some very empty reasoning.” According to coverage in the Russian state news agency TASS, he added: “It seems the goal was to give the global audience something to read over the weekend.” The leader of the Russian opposition died while serving a length prison sentence – on charges widely dismissed as politically motivated …

Court Dismisses Claims Against Series Creators

Court Dismisses Claims Against Series Creators

Published by Sam

After a trip to a state appeals court, a lawsuit from actress Hayley Marie Norman accusing ABC, Tracee Ellis Ross and Kenya Barris of lifting ideas from a show she’d been pitching that she alleges was turned into Black-ish spinoff Mixed-ish without her involvement has been dismissed. The 2nd District Court of Appeal found that the lawsuit shouldn’t have been allowed to proceed against Ross and Artists First, a production and management company that counts her and Barris among its clients. It said, in a ruling issued on Tuesday, that “all of Norman’s claims arise from protected activity,” reversing the trial court and delivering a finishing blow to her lawsuit. In a statement, Michael Plonsker, a lawyer for Norman, said “We strongly do not agree with the appellate decision.” Norman alleged she pitched her series, a “30-minute sitcom, employing flashbacks, that follows the journey of a mixed-race female protagonist as she grapples with her biracial identity while living in the suburbs surrounded by both sides of her African American and Caucasian families,” in 2017 to …

Senate dismisses Republican-led Mayorkas impeachment

Senate dismisses Republican-led Mayorkas impeachment

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The Senate dismissed both impeachment charges against Secretary of Homeland Security Alejandro Mayorkas on Wednesday, curbing what Mayorkas spokesperson Mia Ehrenberg called ​​”baseless attacks.” House Republicans led the partisan impeachment effort, which passed 214-213 in February, charging Mayorkas with “willful and systemic refusal to comply” and “ breach of public trust.” The House of Representatives passed the two articles just days after Senate Republicans killed a bipartisan border deal that would have given the Department of Homeland Security more resources to secure the border. In a 3-hour proceeding, the 51-member Democratic majority voted to dismiss both charges on Wednesday, concluding that the charges did not reach the magnitude of “high crimes and misdemeanors” outlined by the constitution and avoiding a trial. Republicans in the chamber objected to the lack of a trial in the matter, with Eric Schmitt (R-MO) describing the vote as “unprecedented.” The dismissal isn’t fully unprecedented, though, as the GOP caucus in the Senate attempted a similar move in 2021, when all but 5 voted to kill the impeachment proceedings against President …

Senate dismisses two articles of impeachment against Homeland Security secretary, ends trial

Senate dismisses two articles of impeachment against Homeland Security secretary, ends trial

Published by skeptic

U.S. Homeland Security Secretary Alejandro Mayorkas testifies before the House Homeland Security Committee about the Biden Administration’s FY2025 budget request in the Cannon House Office Building on Capitol Hill on April 16, 2024 in Washington, DC.  Chip Somodevilla | Getty Images WASHINGTON (AP) — The Senate has dismissed all impeachment charges against Homeland Security Secretary Alejandro Mayorkas, ending the House Republican push to remove the Cabinet secretary from office over his handling of the the U.S.-Mexico border and ending his trial before arguments even began. Senators voted to dismiss both articles of impeachment and end the trial, with Democrats arguing that the articles were unconstitutional. The first article charged Mayorkas with “willful and systemic refusal to comply” with immigration law. The second article charged Mayorkas with a “breach of trust” for saying the border was secure. The votes were 51-48 and 51-49, both along party lines. Senate Majority Leader Chuck Schumer said the House Republicans’ case failed to meet “the high standard of high crimes and misdemeanors” and could set a dangerous precedent. “For the sake of the …

Senate dismisses Mayorkas impeachment without trial

Senate dismisses Mayorkas impeachment without trial

Published by skeptic

The Senate voted Wednesday to dismiss two articles of impeachment against Homeland Security Secretary Alejandro Mayorkas, shutting down the possibility of a lengthy Senate trial, which Republicans had demanded to bring attention to the Biden administration’s record on immigration and border security. It marked the first time in 225 years the Senate voted to immediately dismiss impeachment charges approved by the House instead of holding a floor trial or referring the matter to a special committee to review it. Senate Majority Leader Chuck Schumer (D-N.Y.) argued a trial wasn’t necessary because the House had sent over “the least legitimate, least substantive and most politicized impeachment trial ever in the history of the United States.” “The charges brought against Secretary Mayorkas fail to meet the high standards of high crimes and misdemeanors. To validate this gross abuse by the House would be a grave mistake and could set a dangerous precedent for the future,” he warned. The Senate voted to dismiss the charges by sustaining two points of order raised by Schumer asserting that they did …

Non-compete clause not ‘fair’: Court dismisses injunctions against ex-MoneySmart employee who joined rival

Non-compete clause not ‘fair’: Court dismisses injunctions against ex-MoneySmart employee who joined rival

Published by Sam

ARGUMENTS FROM BOTH SIDES MoneySmart argued that its non-compete clause protected legitimate proprietary interests, and was reasonable as it is limited in scope of activity, geographical area and time.  The company contended that it had built up Mr Musienko’s expertise in the fintech field through training, saying he had no prior experience in the fintech industry.  As part of its argument, MoneySmart also said the non-compete clause only restricts participation in online financial product comparison services, a niche market dominated by MoneySmart and MoneyHero. Together, they held 95 per cent of the market share in 2022.  MoneySmart asserted that Mr Musienko breached his obligations under the employment agreement when he began work with CAG Regional Singapore. But he countered that the non-compete clause was too wide in scope and hence unenforceable, and that it did not protect any legitimate proprietary interest. He argued that the non-compete clause was “plainly unreasonable” as it prohibited his participation in online financial product comparison services. That’s even though he was not employed in that aspect of the business, and …