Archive for December, 2010

Court Affirms Golf Injury as “Expected Risk” of Game

Tuesday, December 21st, 2010

“Fore!” might not be so outdated after all.

A New York Court of Appeals affirmed a lower court’s ruling that dismissed an injured golfer’s law suit against another golfer this week.  Reports indicate that the injured Plaintiff was searching for his ball on the fairway when he was struck in the eye by another golfer’s errant ball.  

The panel, in affirming the decision, discussed the inherent risk of playing any sport, namely Golf.  Further, the ’shanked’ ball was not enough to fall under the exceptions of “reckless or intentional conduct,”  or “concealed or unreasonably increased risks” of playing the game.

Judge Accepts “Festivus” as Inmate’s Religion

Thursday, December 16th, 2010

Reports indicate that a California judge recently accepted “Festivus” as an inmate’s stated religion. The issue arose when the inmate requested healthier, kosher-style meals in jail.  In order to achieve this request, the inmate stated that his religion was “Festivus.”  The inmate, who was granted the request, has now served out his sentence.

The Festivus holiday became popular by the sitcom Seinfeld, which included the slogan “Festivus for the rest of us.”

NBA Players Hope to End Age Restriction

Thursday, December 9th, 2010

Reports indicate that the NBA Players’ Union is seeking to end the age restriction for entrance into the NBA.

The age restriction, which requires a player to be at least 19 years old during the calendar year of the draft as well as at least one year removed from his high school graduation class, has been in place since the 2005-2006 season.

Xbox Case Dismissed by Prosecutors Mid-Trial

Friday, December 3rd, 2010

Reports indicate that prosecutors dropped a case against a man who was accused of running a business that focused on modifying Xbox consoles so they could be used with pirated games.

The case focused on the anti-circumvention provision of the Digital Millennium Copyright Act (“DMCA”). The DMCA provision makes it a crime to offer a product or service that circumvents a technological measure designed to protect copyright material. Each of the two charges carried a maximum five years.

In dismissing the case after a brief court recess, the government admitted they had made some mistakes. More specifically, the issue focused the accused’s knowledge of the DMCA violation.  The turning point of trial came during an officials testimony about a prior meeting between him and the accused, where the accused inserted a pirated game into a modified Xbox console as a demonstration for the official while the official was undercover.