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Updates on CHAI Ling

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发表于 7-3-2012 10:53:31 | 只看该作者 回帖奖励 |正序浏览 |阅读模式
(1) Stephanie Ebbert, Chinese Rights Activist Sued for Bias; Accused of religious discrimination. Boston Globe, July 1, 2012.
http://articles.boston.com/2012- ... nation-eternal-life
(Zenzabar employee Jing ZHANG sued)

Quote:

"Chai, the wife of Massachusetts Republican Party chairman Robert A Maginn

"The company [Jenzabar] has also claimed a leading role in fund-raising for Republican candidates since its chief executive, Maginn, was elected chairman of the state Republican party in November. Jenzabar also gave $250,000 to the super-PAC supporting presidential candidate Mitt Romney, whose former Belmont home Maginn and Chai now occupy.

My comment:
(a) The case was filed at United States District Court for the Eastern District (at Brooklyn).
(b) Excerpt in the window of press: 'You can discriminate in hiring and firing employees whose roles are at the religious core of your activity.' NOAH FELDMAN, Harvard Law Professor
(c) The report cited "All Girls Allowed spokeswoman[] Kat Lewis" where Kat (or Cat) is the short form of Katherine.
(d) Robert A Maginn, Jr, Chairman & Chief Executive Officer, Jenzabar.
http://www.jenzabar.com/aboutus.aspx?id=80
("Prior to joining Jenzabar, Mr. Maginn held the positions of Senior Partner and Director at Bain & Company * * * He holds a Master of Business Administration from the Harvard Business School, a Master of Liberal Arts in Government from Harvard University, and a Bachelor of Science in Business Administration from the University of Dayton")

(i) The Irish surname Maginn is a variant of McGinn. The latter is Anglicized form of Gaelic Mag Finn: son of Fionn (a personal name that means 'white’ or ‘fair-haired’).
(ii) University of Dayton is a private Roman Catholic university operated by the Society of Mary located in Dayton, Ohio.
(e) There is nothing unusual to sue or be sued. What interests me is the quotations above.


(2)
(a) On May 3, 2012 a three-judge panel of Massachusetts Appeals Court heard oral argument of Jenzabar, Inc v Long Bow Group, Inc.

Jenzabar is presented by famed (and expensive) law firm Bingham McCutchen, and Long Bow, by Public Citizen, a public interest group based in Washington, DC.
http://www.citizen.org/Page.aspx ... /Page.aspx?pid=2330

A decision is expected in a few months.

(b) Flashback.
(i) On May 14, 2007 a civil action was commenced at superior court of SUffolk County, Massachusetts (Case number SUCV2007-02075). early on, plaintiff's cliams (legally: counts) for defamation were thrown out, which is not surprising, in view of CHAI Ling's public figure" status, making it very hard to win a defamation case as opposed to an everywoman (or an ordinary joe).
(ii) On Dec 7, 2010 superior court (Crastley, J) allowed defendant's motion for summary judgment on remaining counts (mainly trademark violations).
(A) Defendant's motion and memorandum of law dated Oct 15, 2009 (defendant was then represented by Donnelly, Conroy & Gelhaar. a boutique law firm).
http://www.citmedialaw.org/sites ... les/2009-10-13-Long Bow Group's Memorandum in Support of Motion for Summary Judgment.pdf

There is no need to read this document.
(B) Judge Crasley's Memorandum of Decision and Order on Defendant's Motion for Summary Judgment, entered on Dec 7, 2010.
http://www.citmedialaw.org/sites ... es/2010-12-07-Order on Long Bow's Motion for Summary Judgment.pdf

Plaintiffs (including Ms Chai) appealed.
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